Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3170
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Insurance misrepresentations could ground claims against Uber/Lyft

last weekIndustries / Law : 43(B)log

Greater Houston Transportation Co. v. Uber Technologies, Inc., 2015 WL 1034254, No. 4:14–0941 (S.D. Tex. Mar. 10, 2015) Taxi permit holders in Houston and San Antonio sued Uber and Lyft for tortious interference with business relations, unfair competition, and false advertising under the Lanham Act. Show More Summary

It's possible to violate the right of publicity intentionally but innocently

last weekIndustries / Law : 43(B)log

Jordan v. Jewel Food Stores, Inc., No. 10-c-340 (N.D. Ill. Mar. 12, 2015) Jewel took out a page in a commemorative issue of Sports Illustrated congratulating Michael Jordan on his 2009 induction into the Hall of Fame. Time asked Jewel...Show More Summary

Transformative work of the day, kaleidoscope edition

2 weeks agoIndustries / Law : 43(B)log

Ad Roulette: match audio from one ad with video from another and see what develops. Bonus question: unfixed derivative work? Or something else? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

New paper: response to Fishman's Creating Around Copyright

2 weeks agoIndustries / Law : 43(B)log

Joseph Fishman's article Creating Around Copyright was just published in the Harvard Law Review. Abstract: It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Show More Summary

Past falsity is no guarantee of present results

2 weeks agoIndustries / Law : 43(B)log

Dyson, Inc. v. Euro-Pro Operating LLC, No. 14-cv-09442 (N.D. Ill. Mar. 10, 2015) I’m going to try to go light on the details of the tests here, featuring evaluations of vacuums’ carpet cleaning power. Bottom line: while Dyson brought...Show More Summary

art collector lacks remedy against foundation's claim of inauthenticity

2 weeks agoIndustries / Law : 43(B)log

Bilinski v. Keith Haring Foundation, Inc., 2015 WL 996423, No. 14cv1085 (S.D.N.Y. Mar. 6, 2015) Keith Haring was a “prolific artist and social activist whose work responded to the New York City street culture of the 1980s.” Plaintiffs...Show More Summary

Foie gras as speech? even so, it can still be challenged under UCL

2 weeks agoIndustries / Law : 43(B)log

Animal Legal Defense Fund v. LT Napa Partners LLC, 2015 WL 1004423, No. A139625 (Cal. Ct. App. Mar. 5, 2015 ALDF sued LT Napa alleging that defendants sold foie gras in their Napa restaurant in violation of California’s law banning such sale; the trial court denied an anti-SLAPP motion and the court of appeals affirmed. Show More Summary

Copyright preemption bars athletes' right of publicity claims against photo sales

2 weeks agoIndustries / Law : 43(B)log

Maloney v. T3Media, Inc., No. 14-cv-05048 (C.D. Cal. Mar. 6, 2015) Plaintiffs, members of the Catholic University basketball team from 1997 until 2001, sued T3, which provides cloud-based storage, hosting and licensing services for digital content uploaded by third-parties. Show More Summary

Transformative work of the day, animal edition

2 weeks agoIndustries / Law : 43(B)log

Hairy Otter, from an eagle-eyed (or is that otter-eyed) reader. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

None but Bob Marley's heirs can free our minds

2 weeks agoIndustries / Law : 43(B)log

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., --- F.3d ----, 2015 WL 728031, No. 12–17502 (9th Cir. Feb. 20, 2015) Despite being a plaintiff victory, there’s a fair amount in here that might hearten opponents of a generalized merchandising right, suggesting that at least some 9 th Circuit judges are willing to rethink trademark expansionism. Show More Summary

Transformative use of the day, crossover edition

2 weeks agoIndustries / Law : 43(B)log

Trust me, these are the droids you're looking for. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Violating taxi regulations isn't unfair competition in Pa.

2 weeks agoIndustries / Law : 43(B)log

Checker Cab Philadelphia, Inc. v. Uber Technologies, Inc., 2015 WL 966284, No. 14–7265 (E.D. Pa. Mar. 3, 2015) Plaintiffs, taxi companies and their dispatch company, sought to enjoin Uber from operating an allegedly illegal taxi operation in Philadelphia; the court denied the motion. Show More Summary

You come at the queen, you best not miss: Oprah wins Own Your Power suit

2 weeks agoIndustries / Law : 43(B)log

Kelly-Brown v. Winfrey, No. 11 cv 7875 (S.D.N.Y. Mar. 5. 2015) Kelly-Brown and her company, Own Your Power Communications, Inc., sued Oprah Winfrey and related defendants, alleging that they unlawfully used plaintiffs’ “Own Your Power”...Show More Summary

Transformative use of the day, Vancouver edition

2 weeks agoIndustries / Law : 43(B)log

Via an eagle-eyed friend. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Focus, Grasshopper: infringement isn't false advertising

2 weeks agoIndustries / Law : 43(B)log

Grasshopper Motorcycles, Ltd. v. Rivera, No. 14–cv–320, 2015 WL 853564 (W.D. Wis. Feb. 26, 2015) (magistrate judge) Grasshopper sells a moon-shaped backrest designed to be attached behind the driver’s seat of a motorcycle. “Its 2013Show More Summary

PTO descriptiveness finding inadmissible where court ruled mark suggestive

2 weeks agoIndustries / Law : 43(B)log

Innovation Ventures, LLC v. NVE, Inc., 2015 WL 871137, No. 08–11867 (E.D. Mich. Feb. 27, 2015) Various evidentiary rulings in the latest round of this trademark/false advertising case over energy shots, the first of which presages what I expect to be increasing uncertainty in the courts until the Supreme Court revisits the issue. Show More Summary

Irreparable harm webinar tomorrow

3 weeks agoIndustries / Law : 43(B)log

Please click on the link below to register for a timely lunchtime teleseminar where our panel of experts will address the status of “irreparable harm” in Lanham Act false advertising cases. Recent cases have suggested that courts noShow More Summary

UK ad regulator finds Israel falsely advertised

3 weeks agoIndustries / Law : 43(B)log

By implying that the Old City of Jerusalem was recognized as being in Israel, rather than in occupied Palestinian territories. File under: having the First Amendment makes the US very different. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Pregnancy clinic ads are commercial speech

3 weeks agoIndustries / Law : 43(B)log

First Resort, Inc. v. Herrera, No. C 11-5534 (N.D. Cal. Feb. 20, 2015) The court rejected a facial challenge to San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, “aimed at ensuring that indigent women facingShow More Summary

Copying graffiti could infringe copyright and trademark

3 weeks agoIndustries / Law : 43(B)log

Williams v. Roberto Cavalli S.p.A., No. 14-cv-06659 (C.D. Cal. Feb. 12, 2015) Plaintiffs Jason Williams, Victor Chapa, and Jeffrey Rubin sued the producers and distributors of Just Cavalli clothing, alleging copyright infringement, removal and alteration of copyright information (CMI) under §1202, unfair competition, and negligence. Show More Summary

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