Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3192
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Suing critics using copyright doesn't work

3 weeks agoIndustries / Law : 43(B)log

Hosseinzadeh v. Klein, No. 16-cv-03081 (S.D.N.Y. Aug. 23, 2017) Hosseinzadeh posts original video content on YouTube, playing a character known as “Bold Guy.” Ethan and Hila Klein criticized “Bold Guy vs. Parkour Girl,” in which theShow More Summary

On the genericity of Velcro/velcro

3 weeks agoIndustries / Law : 43(B)log

Denver's Science Museum: Note the use of "Velcro," capitalized, as the generic term for hook-and-loop fasteners, as well as the uncapitalized use in the Spanish translation immediately below. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Is a ban on the words "climate change" in grants consistent with Tam?

3 weeks agoIndustries / Law : 43(B)log

This image, of a government employee telling a grant applicant that her proposal can't use "climate change" or "global warming" and get funded, seems like a pretty good example of a "happy talk" provision. Is this new requirement an unconstitutional condition/viewpoint discrimination under Rust and Finley? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

cy pres-only settlement ok'd in Google privacy case

4 weeks agoIndustries / Law : 43(B)log

In re Google Referrer Header Privacy Litigation, --- F.3d ----, 2017 WL 3601250, No. 15–15858 (9th Cir. Aug. 22, 2017) The underlying class action claimed that Google violated users’ privacy by disclosing their internet search terms to owners of third-party websites. Show More Summary

4th Cir. holds certification nonprofit's self-promotion to retailers is commercial speech

4 weeks agoIndustries / Law : 43(B)log

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, -- F. Appx. – (4 th Cir. Aug. 22, 2017) The court of appeals affirmed the district court ruling that a nonprofit egg certifier’s disparagement of an egg seller who wasn’t certified by the nonprofit was commercial speech. Show More Summary

Tag-along state UDAP claim leads to $18.5 million fee shift against unsuccessful plaintiff

last monthIndustries / Law : 43(B)log

Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2017 WL 3536917 (S.D. Fla. Aug. 17, 2017) This case stands as a stark reminder that adding a state-law deceptive trade practices claim to a federal claim can have serious consequences—the...Show More Summary

Bad dilution claims are so common that they aren't "exceptional" for fee-shifting, court rules

last monthIndustries / Law : 43(B)log

Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that this was not an exceptional case meriting an award of fees, despite the novelty of Parks’ main legal theories. Show More Summary

reading list: Willis on remedies for consumer fraud

last monthIndustries / Law : 43(B)log

Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection...Show More Summary

Comparative advertising using P's logo is nominative fair use

last monthIndustries / Law : 43(B)log

SolarEdge Technologies Inc. v. Enphase Energy, Inc., 2017 WL 3453378 17-cv-04047 (N.D. Cal. Aug. 11, 2017) SolarEdge sued Enphase, a competitor in the business of selling electronic components for solar panels (aka PV modules), for false advertising and trademark infringement. Show More Summary

taking customer list as conversion; false claims of official investigation as false advertising

last monthIndustries / Law : 43(B)log

Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements. Plaintiff NPK sued Nicholas Jackson and...Show More Summary

Barton Beebe & Jeanne Fromer's submission to PTO on streamlined cancellation proceedings

last monthIndustries / Law : 43(B)log

Supporting the proposal, they summarize their evidence of overcrowding on the register. Read it here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Traveling pictures: trademark/publicity rights questions, bonus torts

last monthIndustries / Law : 43(B)log

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough. Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child...Show More Summary

Shoes and surveys (picture post)

last monthIndustries / Law : 43(B)log

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement...Show More Summary

IPSC Breakout Session V

last monthIndustries / Law : 43(B)log

Copyright Theory (my apologies; I had to leave early for a flight) Redundancy and AntiRedundancy In Copyright – Oren Bracha & John M. Golden Doctrines that overlap: fair use/functionality; fair use/improper appropriation; copyrightable subject matter originality; reproduction/derivative works rights (cautionary example). Show More Summary

IPSC Breakout Session IV

last monthIndustries / Law : 43(B)log

Copyright Enforcement Protecting Copyright Integrity – Shyamkrishna Balganesh & Gideon Parchomovsky Dominant theory: © is about value. Additional assumption: w/every exclusive right comes important limitations. Every grant of power is also clear placing of limits on scope of that power. Show More Summary

IPSC Breakout Session III

last monthIndustries / Law : 43(B)log

Useful Articles Star Athletica: Stuck on the Merry-Ground – Alfred C. Yen We’re just going round and round. Those who can’t remember the past are condemned to repeat it; a page of history is worth a volume of logic. For a case the SCt took, the Ct was astonishingly indifferent to precedents. Show More Summary

Transformative work of the day, Richard Siken edition

last monthIndustries / Law : 43(B)log

The Siken Bot tweets lines from Richard Siken poems at 30-minute intervals. And after following it for a few days, I find that I do see Siken's poetry differently. At this point I'm not even sure whether I like it less or more, but the...Show More Summary

IPSC Breakout Session II

last monthIndustries / Law : 43(B)log

IP Theory The Boundaries of Intellectual Property: A Preliminary Exploration of Constitutional Salience – Amy Kapczynski What IP law is about: what values beyond efficiency we might be able to say this law serves. You can’t justify IP v. Show More Summary

2017 IPSC Conference at Cardozo School of Law

last monthIndustries / Law : 43(B)log

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn't previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca Tushnet Problem with LOC test. Show More Summary

false patent marking falls w/false advertising claim

2 months agoIndustries / Law : 43(B)log

Infinity Headwear & Apparel, LLC v. Jay Franco & Sons, Inc., 2017 WL 3309724, No. 15-CV-1259 (S.D.N.Y. Aug. 2, 2017) Infinity sued Jay Franco for patent infringement, false marking, and false advertising. Infinity has U.S. Patent No....Show More Summary

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