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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2990
Posts / Week:8.7
Archived Since:March 17, 2008

Blog Post Archive

3rd Annual Trademark Works in Progress event at AU

yesterdayIndustries / Law : 43(B)log

Charles Colman, Trademark Law and the Prickly Ambivalence of Post-Parodies : The way that people play with trademarks that companies have deliberately infused with atmospherics, per Jessica Litman, and to which people have predictable emotional responses. Show More Summary

Court declines to apply Lexmark to TM

yesterdayIndustries / Law : 43(B)log

Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., 2014 WL 4843674, No. 8:10–CV–365 (D. Neb. Sept. 29, 2014) This is a default so it’s just what the court decided to examine with respect to the facts; nonetheless there are some points here worth noting about Lexmark and dilution. Show More Summary

Future of Music conference announcement w/scholarships

3 weeks agoIndustries / Law : 43(B)log

The Future of Music Coalition's 14th annual Policy Summit ( http://futureofmusic.org/summit ) is October 27-28 in Washington, DC. It is offering scholarships for students and musicians starting at $25 for both days. From FOMC: Future...Show More Summary

How to analyze fame on the pleadings

3 weeks agoIndustries / Law : 43(B)log

Leapers, Inc. v. SMTS, LCC, 2014 WL 4964376, No. 14–CV–12290 (E.D. Mich. Oct. 3, 2014) Leapers alleged trade dress rights “in the distinctive scalloping design applied to the adjustment knobs and bells of its rifle scopes and/or sights”...Show More Summary

The language of consumer reviews

3 weeks agoIndustries / Law : 43(B)log

Via Eric Goldman's roundup, the best thing I've seen all day:In a recent study we used computational linguistics to examine a million reviews on the web and found that when people write a 1-star review, they use the language of trauma:...Show More Summary

Phantom trademark of the Opera: Dastar bars Slep-Tone's claim

3 weeks agoIndustries / Law : 43(B)log

(There are a lot of Slep-Tone cases floating out around there. I like this one.) Slep-Tone Entertainment Corp. v. Canton Phoenix Inc., 3:14-cv-00764 (D. Or. Sept. 4, 2014) (magistrate judge) Slep-Tone, a maker of karaoke CDs, alleged...Show More Summary

CFP: INTA trademark scholarship symposium

3 weeks agoIndustries / Law : 43(B)log

Call For Papers: Sixth Annual INTA Trademark Scholarship Symposium The International Trademark Association (“INTA”) is pleased to host the Sixth Annual Trademark Scholarship Symposium during the 137th INTA Annual Meeting in San Diego, California. Show More Summary

statements to regulators aren't commercial advertising

3 weeks agoIndustries / Law : 43(B)log

Presby Environmental, Inc. v. Advanced Drainage Systems, Inc., No. 13–cv–355, 2014 WL 4922986 (D.N.H. Sept. 30, 2014) Presby sued ADS, a competitor in the septic system product market, for allegedly violating a settlement agreement; I’m only going to address the Lanham Act aspects. Show More Summary

EFF investigates keylogger software, finds false advertising

3 weeks agoIndustries / Law : 43(B)log

From its report on ComputerCOP:In investigating ComputerCOP, we also discovered misleading marketing material, including a letter of endorsement purportedly from the U.S. Department of Treasury, which has now issued a fraud alert over the document. Show More Summary

Stay away from Juliet: keyword infringement and dilution case continues

3 weeks agoIndustries / Law : 43(B)log

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I, LLC, No. 08-CV-442, 2014 BL 263647 (S.D.N.Y. Sept. 23, 2014) A keyword case gets past the pleading stage (though the worst part is the dilution ruling). The parties compete in the hair removal business. Show More Summary

Reading list: is efficiency all there is in copyright?

3 weeks agoIndustries / Law : 43(B)log

Oren Bracha and Talha Syed, Beyond Efficiency: Consequence-Sensitive Theories of Copyright, 29 Berkeley Tech. L.J. (2014). The article’s argument is complicated and I would disserve it by trying to summarize, but a core point is that,...Show More Summary

selling a book without authorization doesn't violate Lanham Act

3 weeks agoIndustries / Law : 43(B)log

Smith v. BarnesandNoble.com, LLC, No. 1:12-cv-04374, 2014 BL 263099 (S.D.N.Y. Sept. 23, 2014) Smith wrote a book, Hardscrabble. He contracted with Smashwords, an online ebook distributor, to sell his book. Smashwords distributed Smith’s book to its retail partners, including B&N, to list online for sale. Show More Summary

Allegedly false inventorship/ownership claim could be false advertising

3 weeks agoIndustries / Law : 43(B)log

Parallel Synthesis Technologies, Inc. v. DeRisi, 2014 WL 4748611, No. 5:13-cv-05968 (N.D. Cal. Sept. 23, 2014) (magistrate judge) Plaintiff Parallel, allegedly “seduced by the potential for a long-term partnership,” shared its proprietary...Show More Summary

Count the circuit splits in this nonfamous foreign marks case

3 weeks agoIndustries / Law : 43(B)log

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2014 WL 4759945, No. 11–1623 (D.D.C. Sept. 25, 2014) For different versions of the background story, you can see this Wharton article (which confuses trademarkShow More Summary

Bend it like Apple

3 weeks agoIndustries / Law : 43(B)log

Via firstmemes, consider the extent to which (1) a reference to a famous mark can be indirect and still trigger dilution law; (2) the tweets from competitors are explicitly protected by federal dilution law's exemption for comparative...Show More Summary

litigation grab bag includes another nail in IIC coffin

3 weeks agoIndustries / Law : 43(B)log

EarthCam, Inc. v. OxBlue Corp., 2014 WL 4702200, No. 1:11–cv–02278 (N.D. Ga. Sept. 22, 2014) Mostly a trade secret case where EarthCam alleged that every scrap of information about it was a trade secret. The parties compete in the market for high-end web-based camera systems, though OxBlue’s primary client base is the construction industries. Show More Summary

serial infringement may justify liability under Tiffany v. eBay

3 weeks agoIndustries / Law : 43(B)log

Mori Lee, LLC v. Sears Holdings Corp., 2014 WL 4680739, No. 13cv3656 (S.D.N.Y. Sept. 8, 2014) Mori Lee, a dressmaker, sued Sears for trademark infringement and unfair competition. In 2010, Sears opened an online marketplace at Sears.com where third-party merchants could sell directly to consumers. Show More Summary

Advertising dysfunction: claim against male sexual enhancement pill proceeds

3 weeks agoIndustries / Law : 43(B)log

Dorsey v. Rockhard Laboratories, LLC, 2014 WL 4678969, No. CV 13–07557 (C.D. Cal. Sept. 19, 2014) Dorsey sued over Rockhard Weekend (RHW), “a male sexual enhancement product,” primarily promoted by labeling on the packaging. The chemical...Show More Summary

Paid spokesperson engaged in "advertising or promotion" for Lanham Act purposes

3 weeks agoIndustries / Law : 43(B)log

Underground Solutions, Inc. v. Palermo, 2014 WL 4703925, No. 13 C 8407 (N.D. Ill. Sept. 22, 2014) UGSI sued Palermo for trade libel, interference with prospective economic advantage, interference with contract, false advertising under the Lanham Act, and violation of the Illinois Uniform Deceptive Trade Practices Act (IUDTPA). Show More Summary

Mark Lemley is our king

3 weeks agoIndustries / Law : 43(B)log

But then, you knew that anyway. Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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