Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2390
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

overclaiming study results to apply to unstudied product can be false/misleading

3 weeks agoIndustries / Law : 43(B)log

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015) The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction technology, and that the helmets could reduce concussions by as much as 31%. Show More Summary

7th Amendment provides jury right for TM profits as proxy for damages

3 weeks agoIndustries / Law : 43(B)log

Black & Decker Corp. v. Positec USA Inc., --- F.Supp.3d ----, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015 The parties compete to sell power tools. B&D alleged that Positec infringed their patents and trademarks in the yellow-and-black color combination appearing on B&D products and packaging. Show More Summary

IPSC: closing comments

3 weeks agoIndustries / Law : 43(B)log

Closing Plenary Session Joshua Sarnoff, DePaul University College of Law: Size affects nature of presentation, time, allotted, depth of development, audience participation. Makes a personal promise to read papers in sessions he plans to go to—thinks that this will improve the quality of the interactions. Show More Summary

IPSC, Copyright Theory III

3 weeks agoIndustries / Law : 43(B)log

Copyright Theory III Abraham Bell, Bar Ilan University The Dual-Grant Theory of Fair Use Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. Fair use is a broad reservation of privileges for the public during the term of protection. Show More Summary

Ad of the day: does Louboutin have a claim?

3 weeks agoIndustries / Law : 43(B)log

Association? Dilution? Would any of the dilution exceptions apply? Via SocImages. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

IPSC: Copyright again

3 weeks agoIndustries / Law : 43(B)log

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Show More Summary

IPSC, Copyright Theory II

3 weeks agoIndustries / Law : 43(B)log

Copyright Theory II Brad Greenberg Columbia Law School Bizarro Copyright Does having lots of different antennas in one place v. all over the place make a difference to whether there is public performance? Central question of Aereo: looks like cable, must be cable. Show More Summary

Another circuit agrees that Dastar-barred claims can't be repled as false advertising

3 weeks agoIndustries / Law : 43(B)log

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., --- F.3d ----, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015) Best asked Kehoe (“Pace”) to make specialized lighting products for Best. After Pace made enough units to...Show More Summary

IPSC, Copyright and Society

3 weeks agoIndustries / Law : 43(B)log

Third Breakout Session: Copyright & Society Clemens Appl & Philipp Homar, Vienna University of Economics & Business, Education 4.0: Recent Challenges to Copyright From user-generated content to user-generated copyright. Use of materials for educational purposes is one of the most important aspects of the project. Show More Summary

IPSC: Other IP

3 weeks agoIndustries / Law : 43(B)log

Other IP [Insert wry commentary about "fringe" fields like advertising law] Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality Fed. Cir. killed the doctrine. Statute says new, original, and ornamental designs can get a design patent—word has been in the statute from the start. Show More Summary

IPSC First Breakout Session, Trademark Registration

3 weeks agoIndustries / Law : 43(B)log

Barton Beebe & Jeanne Fromer, New York University School of Law Is the Frontier Closing?: Registration Rates of Frequently Used Words on the PTO’s Trademark Register Much of TM literature claims that the range of marks is infinite; Qualitex discusses color depletion but treats it as an exception. Show More Summary

IPSC, opening plenary

3 weeks agoIndustries / Law : 43(B)log

IPSC at DePaul Opening Plenary Session Tributes to Benjamin Liu & Greg Lastowka, much-missed colleagues who passed away in the last year. Roberta Kwall, DePaul University College of Law Changes in law school in last 15 years—rankings are more set. Show More Summary

Presumption of injury saves Lanham Act monetary award

4 weeks agoIndustries / Law : 43(B)log

General Steel Domestic Sales, LLC v. Chumley, --- Fed.Appx. ----, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015) Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting. The parties compete to sell prefabricated steel buildings directly to consumers. Show More Summary

Photo finish: allegedly unauthorized (c) sublicensing isn't false designation of origin

last monthIndustries / Law : 43(B)log

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015) PIC specializes in commercial photography. It took photos of lighting fixtures manufactured by nonparty OSI. Defendants Orgill and Farm & City Supply distribute OSI products. Show More Summary

Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

last monthIndustries / Law : 43(B)log

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015) Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to be publicly traded on a U.S. Show More Summary

No silver bullet for innovator in bullion market

last monthIndustries / Law : 43(B)log

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015) Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality:...Show More Summary

Amicus supporting rehearing in MTM v. Amazon

last monthIndustries / Law : 43(B)log

IP Professors, with excellent assistance from Cathy Gellis. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Limiting remedies when a descriptive fair use defense fails

last monthIndustries / Law : 43(B)log

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846 (C.D. Cal. Jul. 24, 2015) This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies. Anhing successfully sued Thuan Phong for trademark infringement; the court denied Thuan Phong’s motions and granted a permanent injunction. Show More Summary

Transformative use of the day, Lululemon edition

last monthIndustries / Law : 43(B)log

I can't wait to carry this bag around and watch the double-takes. (Would also fit well on Welcome to Night Vale.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Somehow the Coke bottle survived this dilutive free riding

last monthIndustries / Law : 43(B)log

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over.Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you can’t buy a VW at the North Pole is that the Volkswagen people won’t sell you one. Show More Summary

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