Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2753
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

Stunning scope of color TM leads court to cabin registrations

3 weeks agoIndustries / Law : 43(B)log

Cedar Valley Exteriors, Inc. v. Professional Exteriors, Inc., No. 13-CV-2537 (D. Minn. Jun. 29, 2016) See DuetsBlog’s 2012 entry on what appears to be a related case, in which the plaintiff roofing/repair company sued a different competitor for using orange on its signs. Show More Summary

Trademark question of the day, zoo edition

3 weeks agoIndustries / Law : 43(B)log

Spotted by an eagle-eyed correspondent (no pun intended) at the New Orleans zoo: Straight Outta Audubon Zoo Just Voodoo It http://tushnet.blogspot.com/feeds/posts/default?alt=rss

TM/false advertising interface: "same formulation" statement w/o more infringes

4 weeks agoIndustries / Law : 43(B)log

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016) This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for apparently truthful statements about the relationship between the parties’ products. Show More Summary

Copyright/TM question of the day, politics edition

last monthIndustries / Law : 43(B)log

Analyze the linked Buzzfeed public service announcement about registration (warning: link will likely autoplay). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Judge McKeown on copyright, and responses (including mine)

last monthIndustries / Law : 43(B)log

Hon. M. Margaret McKeown, Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment, 15 Chi.-Kent J. Intell. Prop. 1 (2016)Margaret Chon, Copyright’s Other Functions, 15 Chi.-Kent J. Intell. Prop. 364 Edward Lee, Suspect Assertions of Copyright, 15 Chi.-Kent J. Show More Summary

Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage

last monthIndustries / Law : 43(B)log

Woodard v. Labrada, 2016 WL 3436434, No. 16-00189 (C.D. Cal. May 12, 2016) Woodard brought a putative class action alleging that various defendants (Media Defendants) misrepresented the weight loss benefits of weight loss supplement products made by the Manufacturing Defendants. Show More Summary

EFF/OTW/library/etc. comments on Copyright Office proposal on DMCA registration renewals

last monthIndustries / Law : 43(B)log

Read them here. The Copyright Office has indicated, unwisely, an intent to make DMCA registrants re-register every three years, which will set up another hurdle for ISPs and encourage copyright trolls. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

class action complaint survives GNC in 4th Cir. by pleading misleadingness

last monthIndustries / Law : 43(B)log

Midwestern Midget Football Club Inc. v. Riddell, Inc., 2016 WL 3406129, No. 2:15-00244 (S.D. W. Va. Jun. 17, 2016) Midwestern is a nonprofit youth football organization, and Riddell makes helmets for football players. Midwestern bought...Show More Summary

Reading List: The Copyright Wars

last monthIndustries / Law : 43(B)log

Peter Baldwin, The Copyright Wars: Three Centuries of Trans-Atlantic Battle (2014) Baldwin’s basic proposition is that there has been a long history of struggles between creators, distributors and the public, and a related struggle between the idea of Continental authors’ rights (fundamentally moral) and UK/US copyrights (fundamentally economic). Show More Summary

Bank of No Confusion: BNC National Bank fails to enjoin Bank of North Carolina rebranding

last monthIndustries / Law : 43(B)log

BNC Bancorp v. BNCCORP, Inc., 2016 WL 3365428, No. 15-cv-793 (M.D.N.C. Jun. 16, 2016) Bank of North Carolina sought a declaratory judgment against BNC National Bank to settle rights in the BNC mark, and BNC National Bank sought a preliminary...Show More Summary

TM/design patent question of the day

last monthIndustries / Law : 43(B)log

Consider the iPhoney: Does this infringe any rights Apple might have? We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what a kid could do with a sharp edge). Show More Summary

How it works: Understanding Copyright Law in the New Creative Economy

last monthIndustries / Law : 43(B)log

Re:create Coalition’s How It Works: Understanding Copyright Law in the New Creative Economy Alex Feerst, Corporate Counsel, Medium: Medium strives to present a range of options for community-driven and commercial and in-between writing. Show More Summary

False endorsement claims based on resale fail

last monthIndustries / Law : 43(B)log

Hart v. Amazon.com, Inc., 2016 WL 3360639, No. 15 C 01217 (N.D. Ill. Jun. 13, 2016) What is the difference between a plausible and implausible allegation of likely confusion over endorsement? Beats me! Here, Hart’s pro se complaint alleged...Show More Summary

Using generic art that may evoke plaintiff is fair

last monthIndustries / Law : 43(B)log

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc, 2016 WL 3282197, No. 11-5052 (D.S.D. Jun. 10, 2016) This case has occasionally shown up in my Westclip, but this time I’m writing about it because the court set forth specific designs that the defendants were allowed to use as descriptive fair use. Show More Summary

Certification nonprofit engaged in commercial speech when it badmouthed uncertified seller

last monthIndustries / Law : 43(B)log

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 2016 WL 3348431, No. 16-cv-592 (E.D. Va. Jun. 15, 2016) Nice thorough opinion playing out the interaction between Lexmark and the definition of “commercial advertising or promotion.”...Show More Summary

Fellowship opportunity: Science, tech, and law

last monthIndustries / Law : 43(B)log

For people with PhDs and an interest: the American Association for the Advancement of Science Science & Technology Policy Fellowships (STPF) is committed to actively recruiting competitive applicants to the Judicial Fellowship. An August 29 webinar will focus specifically on the Judicial fellowship. Show More Summary

Functionality: it's in the bag

last monthIndustries / Law : 43(B)log

Schutte Bagclosures Inc. v. Kwik Lok Corp., No. 12-cv-5541 (S.D.N.Y. Jun. 14, 2016) Following up from previous post on an earlier ruling. (Thanks to an eagle-eyed correspondent who probably knows way more than anyone else wants to know...Show More Summary

A dog's breakfast of false advertising counterclaims

last monthIndustries / Law : 43(B)log

Blue Buffalo Co. v. Nestlé Purina Petcare Co., No. 4:15 CV 384, 2016 WL 3227676 (E.D. Mo. Jun. 13, 2016) Blue Buffalo sued Purina for false advertising; Purina counterclaimed. On a motion to dismiss the counterclaims, the court got rid of most and kept a few. Show More Summary

Best title of the year candidate

last monthIndustries / Law : 43(B)log

Questions about Google autocompl, via Siva Vaidhyanathan. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Political party bars use of name and logo by dissidents

2 months agoIndustries / Law : 43(B)log

HT Eric Goldman. This is one of those cases that seems to be an extreme outlier, but then again see United We Stand America v. United We Stand America, New York, applying the Lanham Act to similar but perhaps more limited effect. In early May, the Territorial Committee of the Republican Party of the U.S. Show More Summary

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