Blog Profile / 43(B)log

Filed Under:Industries / Law
Posts on Regator:2643
Posts / Week:6.2
Archived Since:March 17, 2008

Blog Post Archive

Expert testimony in false advertising cases can rely on studies of other events

last weekIndustries / Law : 43(B)log

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1464639, No. 3:14CV00016 (W.D. Va. Apr. 13, 2016) Previous opinion on how announcing a product launch and not following up might be false advertising discussed here. Show More Summary

Further results from my FOIA case against ICE

3 weeks agoIndustries / Law : 43(B)log

With the assistance of Georgetown's Institute for Public Representation, I sued ICE to get it to answer some questions about why its representative claimed that "X sucks" merchandise would infringe X's trademark rights, at least where X is a sports team. Show More Summary

Comments on section 512 from the OTW and a few others

3 weeks agoIndustries / Law : 43(B)log

The Copyright Office has posted the responses to its notice of inquiry on 512. Here's the Organization for Transformative Works comment on 512. Also, among the 90,000+ responses, there are comments from Eric Goldman, and a comment based on the empirical work of the Takedown Project. Show More Summary

announcing product launch and pricing can be false advertising if no launch occurs

3 weeks agoIndustries / Law : 43(B)log

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1271082, No. 3:14CV00016 (W.D. Va. Mar. 29, 2016) Concordia bought the Donnatal line of pharmaceutical products from former plaintiff PBM. Donnatal is a prescription...Show More Summary

"Excessive use of professional reviewers" might be false advertising

3 weeks agoIndustries / Law : 43(B)log

Interlink Products Int’l, Inc. v. F & W Trading LLC, No. 15-1340, 2016 WL 1260713 (D.N.J. Mar. 31, 2016) The parties compete to sell showerheads; Interlink claims rights in the marks AQUASPA, AQUASTORM, AQUADANCE, and SPIRALFLO for showerheads. Show More Summary

Copyright Registration Practice with Robert Kasunic

3 weeks agoIndustries / Law : 43(B)log

Copyright Registration and the Compendium Robert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. Copyright Office 25 th anniversary of Feist. Cornerstone of his approach to copyrightability. Show More Summary

Organization for Transformative Works fundraising drive

3 weeks agoIndustries / Law : 43(B)log

Organization for Transformative Works membership drive : of possible interest to law-types in particular, we submitted over 100,000 words on 3 continents in 2015 in support of transformative noncommercial use. (Wow.) Please support the OTW with a donation!

Go to the mattresses: Tempurpedic wins TRO against Goldilocks claim

3 weeks agoIndustries / Law : 43(B)log

Tempur Seal Int’l, Inc. v. Wondergel, LLC, 2016 WL 1305155, No. 5:16-cv-83 (E.D. Ky. Apr. 1, 2016) The parties compete to sell mattresses. Wondergel created a comparative ad featuring a Tempurpedic mattress, though not identifying it by name. Show More Summary

No mark, no false designation of origin is still the rule in NY

3 weeks agoIndustries / Law : 43(B)log

Innovation Ventures, LLC v. Ultimate One Distributing Corp., 2016 WL 1317524, No. 12-CV-5354 (E.D.N.Y. Mar. 31, 2016) The Fourth Circuit’s Belmoradecision did more than create protection for foreign marks in the US; it created a conflict with a number of other doctrines about who can sue for trademark infringement. Show More Summary

Something smells: new product makes competitor's claims instantly literally false

3 weeks agoIndustries / Law : 43(B)log

Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, No. 14-cv-1308 (S.D.N.Y. Mar. 29, 2016) Playtex makes a diaper pail, the Diaper Genie, with three current varieties: Diaper Genie Elite, Diaper Genie Essentials, and Diaper Genie Mini. Show More Summary

idea/expression distinction saves Toyota ad from infringement claim

3 weeks agoIndustries / Law : 43(B)log

Croak v. Saatchi & Saatchi, North America, Inc., No. 15 Civ. 7201 (S.D.N.Y. Mar. 31, 2016) James Croak created a sculpture, “Pegasus, Some Loves Hurt More Than Others,” a mixed-media, life- sized work that was first exhibited in 1983. Show More Summary

Copyright Registration Practice with Rob Kasunic

3 weeks agoIndustries / Law : 43(B)log

Copyright Registration Practice with Robert Kasunic Wednesday, April 06, 20162:00 PM - 5:30 PMAmerican University Washington College of Law4300 Nebraska Avenue, NW, Washington, DCCeremonial Courtroom NT01 Where I'll be tomorrow, probably...Show More Summary

Trademark issues seen in NYC

3 weeks agoIndustries / Law : 43(B)log

Toy Store: Might Pixar have anything to say? Banned books matchbooks: Slaughterhouse-Five and Fahrenheit 451

comments on 512 from the Organization for Transformative Works

last monthIndustries / Law : 43(B)log

Available here. I look forward to participating in the Copyright Office's roundtable as well.

User-generated discontent: patents, gender, and innovation

last monthIndustries / Law : 43(B)log

The NYT has a fascinating story about innovation, menstruation, and the challenges of seeking backing for a project that combines the two.

Smokeless, no fire: tobacco advertising & TM claims dismissed

last monthIndustries / Law : 43(B)log

VMR Products, LLC v. V2H ApS, 2016 WL 1177834, No. 2:13–cv–7719 (C.D. Cal. Mar. 18, 2016) VMR makes electronic cigarettes under the federally registered trademarks V2CIGS and V2. V2H ApS is a Danish tobacco company that makes a smokeless...Show More Summary

Bar review question: is this false advertising?

last monthIndustries / Law : 43(B)log

Themis Bar Review, LLC v. Kaplan, Inc., 2016 WL 1162624, No. 14-cv-00208 (S.D. Cal. Mar. 24, 2016) Themis, a relative newcomer to the bar review business, advertised its students’ bar passage rates; a 2013 ad listed passage rates for 2012. Show More Summary

Foreign marks may be protected in the US under 43(a), Fourth Circuit rules

last monthIndustries / Law : 43(B)log

Belmora LLC v. Bayer Consumer Care AG, No. 15-1335 (4th Cir. Mar. 23, 2016) Disclosure: I worked on the brief for Belmora, the loser in this appeal. Bayer (BCC) registered FLANAX in Mexico for pharmaceutical products, analgesics, and...Show More Summary

Amicus brief in Fox v. TVEyes appeal

last monthIndustries / Law : 43(B)log

Arguing that TVEyes' database and its functions are fair use. Thanks to the signers, especially Chris Sprigman, & I'm also grateful for the last-minute help of Michael Levy, for when I discovered that being an e-filer in the Second Circuit...Show More Summary

Inconclusive investigation isn't enough to give knowledge for contributory TM infringement purposes

last monthIndustries / Law : 43(B)log

Spy Phone Labs LLC v. Google Inc., No. 15-cv-03756-PSG, 2016 BL 86393 (N.D. Cal. Mar. 21, 2016) SPL registered Spy Phone as a mark (for something, I presume), and submitted its Android app, SPY PHONE Phone Tracker, to Google. It wasShow More Summary

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