Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2550
Posts / Week:6.2
Archived Since:March 17, 2008

Blog Post Archive

NY has jurisdiction over out-of-state processor for alleged magazine scammer

2 weeks agoIndustries / Law : 43(B)log

People v. Orbital Pub’g Gp., Inc., 21 N.Y.S.3d 573 (Supreme Ct. 2015) The AG alleged violations of NY state consumer protection law, including a law specific to magazine subscription sales, involved here. Respondents send official-looking solicitations that allegedly misled consumers into thinking they came from the publications themselves. Show More Summary

SanMedica v. Amazon: how many clickthroughs make likely confusion plausible?

2 weeks agoIndustries / Law : 43(B)log

In SanMedica v. Amazon, the court initially found enough evidence of confusion from Amazon’s continued use of a trademark in keyword ads (after it had kicked the seller off its platform, but continued to offer competing brands) to deny summary judgment. Show More Summary

If the messiah tarries, how long until we find laches?

2 weeks agoIndustries / Law : 43(B)log

Vaad L’Hafotzas Sichos, Inc. v. Kehot Publication Society, --- F.Supp.3d ----, 2016 WL 183226, No. 10–CV–4976 (E.D.N.Y. Jan. 14, 2016) Found this one in another search and was fascinated. After the death of Rabbi Menachem Mendel Schneerson (the Rebbe), a religious dispute divided the Chabad Lubavitch community. Show More Summary

Is a jigsaw puzzle a useful article?

2 weeks agoIndustries / Law : 43(B)log

I am pondering this question as I contemplate writing my massive "why you should do wooden jigsaw puzzles" post, because of the exception for pictures of useful articles that incorporate expressive works. If I want to show some representative...Show More Summary

Uniqueness claim can be falsifiable

2 weeks agoIndustries / Law : 43(B)log

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2016 WL 164364, No. 14 C 9754 (N.D. Ill. Jan. 14, 2016) Fuel dispensing filters are designed to detect and remove water from fuel before fuel is dispensed into a vehicle. Show More Summary

Amicus in Samsung cert petition

2 weeks agoIndustries / Law : 43(B)log

I also signed on to an amicus supporting Samsung’s petition for cert, both on the damages and the infringement/functionality standard. This Recode story marks the first time I can recall being asked if I had a financial interest, though it shouldn’t be the last (and might not be the first). Show More Summary

Copyright in legal codes revisited

2 weeks agoIndustries / Law : 43(B)log

I signed on: Amicus arguing against copyright in building codes and other codes adopted as law, by Harvard’s Cyberlaw Clinic. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Going to the mattresses without initial interest confusion

3 weeks agoIndustries / Law : 43(B)log

Select Comfort Corporation v. Baxter, No. 12-2899, 2016 WL 158516 (D. Minn. Jan. 13, 2016) A lot of stuff going on here. The parties compete in the market for adjustable air beds and related products. Select Comfort has a market share of over 90% in the adjustable air bed market. Show More Summary

Wear and tear: First Amendment takes another bite out of law protecting military medals

3 weeks agoIndustries / Law : 43(B)log

United States v. Swisher, No. 11-35796 (9th Cir. Jan. 11, 2016) (en banc) H/T Eric Goldman. The facts of Swisherare colorful (a murder trial, at which he was not the defendant, is involved) but irrelevant. United States v. Alvarez, 132 S. Show More Summary

Is it safe? Uber's media statements about safety are commercial speech

3 weeks agoIndustries / Law : 43(B)log

Greater Houston Transportation Company v. Uber Technologies, Inc., --- F.Supp.3d ----, No. 4.14-0941, 2015 WL 9660022 (S.D. Tex. Dec. 18, 2015) [Yes, I know, but I couldn't find a relevant Taxi Driver quote.] Previous opinion discussed earlier in this space. Show More Summary

Chobani ad campaign draws Lanham Act suits

4 weeks agoIndustries / Law : 43(B)log

The NYT has a story here. Interestingly, the campaign is similar to some others I've seen condemned by the NAD and even the FTC in the context of "green" claims, by focusing on the use of chlorine etc. in producing some of the ingredients in competitors' yogurt. Show More Summary

My other district court decision is a loss: LV loses parody bag case

4 weeks agoIndustries / Law : 43(B)log

Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., No. 14-CV-3419 (S.D.N.Y. Jan. 8, 2016) The Hon. Jesse Furman again demonstrates his good sense. My Other Bag sells canvas tote bags with the text “My Other Bag...” on one side and drawings meant to evoke iconic handbags by luxury designers, such as Louis Vuitton, Chanel, and Fendi, on the other. Show More Summary

Can a "no-haggle" offer include negotiation? maybe not

4 weeks agoIndustries / Law : 43(B)log

Dependable Sales & Service, Inc. v. Truecar, Inc., No. 15-cv-1742, 2016 WL 79992 (S.D.N.Y. Jan. 6, 2016) Plaintiffs, 162 auto dealerships, sued TrueCar for false advertising under state and federal law. TrueCar’s website tells prospective...Show More Summary

Seen on the streets of NYC

4 weeks agoIndustries / Law : 43(B)log

Photo by Mark Lemley: Does it matter whether Winebook sells both wine and books? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

AALS panel on the scope of IP rights

4 weeks agoIndustries / Law : 43(B)log

Intellectual Property – Interpreting the Scope of IP Rights Moderator: Zahr Said, University of Washington School of Law Margaret-Jane Radin, The University of Michigan Law School: Patent scope. The problem of describing innovation (thing in the world) in words. Show More Summary

Transformative work of the day, comics edition

last monthIndustries / Law : 43(B)log

Icons Unmasked, Alex Solis. I particularly like the historicization of the various animated figures. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Failure to show harm dooms many claims based on negative press release

last monthIndustries / Law : 43(B)log

Synygy, Inc. v. ZS Associates, Inc., --- F.Supp.3d ----, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015) Wow, this one’s been going on for a while. Note that evidence of damages is key to the traditional, non-commercial-speech bounded torts, but not to the Lanham Act false advertising claim. Show More Summary

Plaque buildup: Rosa Parks foundation loses publicity case

last monthIndustries / Law : 43(B)log

Rosa & Raymond Parks Institute for Self Development v. Target Corp., No. 15-10880 (11th Cir. Jan. 4, 2016) [Long description of Rosa Parks’ role in the Montgomery Bus Boycott and iconic status for the civil rights movement omitted, as...Show More Summary

Prior use can't be determined on motion to dismiss, even using Wayback Machine

last monthIndustries / Law : 43(B)log

My Health, Inc. v. General Electric Co., 2015 WL 9474293, No. 15-cv-80 (W.D. Wis. Dec. 28, 2015) GE allegedly uses MYHEALTH on a section of its website that provides health and benefits information to GE employees, http://www.ge.com/myhealth, infringing plaintiff’s incontestable trademark. Show More Summary

Bait and switch on different versions of the same brand isn't TM infringement

last monthIndustries / Law : 43(B)log

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015) Adobe loses this case because of pleading and discovery choices, allowing the 9 th Circuit to avoid harder first sale questions. Christenson sold Adobe software, which he purchased from a third-party distributor, without Adobe’s authorization. Show More Summary

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