Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3137
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Court approves conjoint analysis to determine damages in consumer class action

last monthIndustries / Law : 43(B)log

Morales v. Kraft Foods Group, Inc., 2017 WL 2598556, No. CV14-04387 (C.D. Cal. Jun. 9, 2017) Plaintiffs alleged that they were misled by Kraft’s use of the term “natural cheese” on its “Natural Cheese Fat Free Shredded Fat Free Cheddar Cheese,” bringing the usual statutory California claims. Show More Summary

Will B&B preclusion become typical?

last monthIndustries / Law : 43(B)log

Buzz Seating, Inc. v. Encore Seating, Inc., No. 16-cv-1131 (S.D. Ohio Jun. 16, 2017) This case suggests that B&Bis quite a broad decision, despite some cautionary statements in the Court’s opinion—you can avoid B&Bpreclusion if you sell goods other than those in the refused registration, but otherwise, watch out. Show More Summary

TM question of the day, we all scream edition

last monthIndustries / Law : 43(B)log

I'm reasonably sure Joy ice cream cones aren't not owned by the owner of rights in Pepperidge Farm goldfish or Teddy Grahams, so how should we think about these suggestions on the back of the package? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Failure to plead with particularity dooms supplement false advertising claim

last monthIndustries / Law : 43(B)log

Nutrition Distribution, LLC v. New Health Ventures, LLC, 2017 WL 2547307, No. 16-cv-02338 (S.D. Cal. Jun. 13, 2017) Nutrition Distribution sued New Health for false advertising of supplement products containing various “Selective Androgen...Show More Summary

Fair use is the fifth season in Jersey Boys case

last monthIndustries / Law : 43(B)log

Corbello v. DeVito, No. 08-cv-00867 (D. Nev. Jun. 14, 2017) One reason fair use jurisprudence can be frustrating is that it has become the place to store many conclusions that the defendant didn't copy enough of what was protectable in the accusing work to infringe. Show More Summary

Long review: of land (and other) registration

last monthIndustries / Law : 43(B)log

Benito Arru ñ ada, Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries: This book ’ s only significant weakness is the extremely dry and abstract way in which it ’ s written; theoretically it is extremely helpful in explaining the special functions of property registries. Show More Summary

false advertising claim based on (c) ownership not preempted, court rules

last monthIndustries / Law : 43(B)log

Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Register Karyn Temple Claggett) in her capacity as the Register of Copyrights, as well as ARC/Conrad Music and related companies. Show More Summary

Oh, the Lawsuits You'll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too

last monthIndustries / Law : 43(B)log

Dr. Seuss Enters., L.P. v. Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. Cal. Jun. 9, 2017) Plaintiff owns the rights to Seuss’s Oh, the Places You’ll Go! (Go!). Defendants created a Kickstarter for Oh, the Places You’ll Boldly Go! (Boldly), which combines aspects of various Dr. Show More Summary

Proposed amicus brief in Zenimax v. Oculus

last monthIndustries / Law : 43(B)log

Mark McKenna and I put together an amicus brief in this case, arguing that the false designation of origin verdict based on claims about who invented certain technology was precluded by Dastar (and nominative fair use, to the extent it was based on a slide deck showing that a game could be played with the relevant technology). Show More Summary

"unapproved drug" claims fail post-Pom, but not challenge to "natural" claim

last monthIndustries / Law : 43(B)log

Hi-Tech Pharmaceuticals, Inc. v. Hodges Consulting, Inc., 2016 WL 8856671, No. 16-cv-00906 (N.D. Ga. Dec. 13, 2016) Hi-Tech and Hodges compete in the dietary supplement market for body builders. Hi-Tech sued for patent infringement, as well as for false advertising. Show More Summary

New piece on the right of publicity and its limits

last monthIndustries / Law : 43(B)log

Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 NOTRE DAME L. REV. 1549 (2017). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Even where irreparable harm is "logical" you still need more than assertions

last monthIndustries / Law : 43(B)log

Rann Pharmacy, Inc. v. Shree Navdurga LLC, 2017 WL 2442975, No. 17-1893 (E.D. Pa. Jun. 6, 2017) Previously, the court enjoined defendants from using the service mark RAMS PHARMACY in Lansdale, Pennsylvania, because it was likely to cause...Show More Summary

Transformative work of the day, you don’t stop edition

last monthIndustries / Law : 43(B)log

40 Years of Hip Hop, condensed into 4 minutes. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Depressed sales and asserted loss of prestige aren't irreparable harm

last monthIndustries / Law : 43(B)log

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein. Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes. (Puma asserted copyright infringement and design patent infringement...Show More Summary

Copyright v. false advertising in medical devices

2 months agoIndustries / Law : 43(B)log

Healthmate Int’l, LLC v. French, 2017 WL 2389715, No. 15-0761 (W.D. Mo. Jun. 1, 2017) The parties (including defendant Rampant Lion) compete to sell TENS units, which administer electrical current to portions of the body in order to relieve pain. Show More Summary

Click fraud claim against Google fails

2 months agoIndustries / Law : 43(B)log

Singh v. Google Inc., 2017 WL 2404986, No. 16-cv-03734 (N.D. Cal. Jun. 2, 2017) Singh alleged that Google falsely induced small businesses to participate in AdWords, resulting in payment for invalid clicks. Singh alleged: (1) breachShow More Summary

Overstock ordered to pay multimillion penalty for falsely advertising comparison prices

2 months agoIndustries / Law : 43(B)log

People v. Overstock.Com, Inc., --- Cal.Rptr.3d ----, 2017 WL 2391814, No. A141613 (Cal. Ct. App. Jun. 2, 2017) The trial court found that Overstock, an online retailer whose value proposition is “the lowest prices on the Internet,” had...Show More Summary

Reversing meaning is transformative in use of composition, court rules

2 months agoIndustries / Law : 43(B)log

Smith v. Cash Money Records, Inc., No. 14-cv-02703 (S.D.N.Y. May 30, 2017) In 1982, Jimmy Smith recorded a mostly instrumental album released by Elektra/Asylum Records titled Off the Top. The last track is a spoken-word recording titled “Jimmy Smith Rap” (JSR): Good God Almighty, like back in the old days. Show More Summary

Certified party lacks standing to challenge certifier's claims to fairness

2 months agoIndustries / Law : 43(B)log

Camarda v. Certified Financial Planner Board of Standards, Inc, 2015 WL 13159050, No. 13-00871 (D.D.C. Jul. 6, 2015) Westlaw’s impenetrable algorithm threw this up, and I’m blogging it now because of the relatively rare discussion of direct causation under Lexmark. Show More Summary

Free to good home: parody t-shirts

2 months agoIndustries / Law : 43(B)log

I'm cutting down on my collection a bit as I move. Let me know if anyone wants these: Moose/Batman logo; 2 priceless tees; "Lacoste Intolerant" Beer parody Campbell's, Seuss, Starbucks, Morton Salt; pole lamp not included ETA: dug out more Another rude Starbucks, Ho Depot, McDonald's/Marijuana http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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