Blog Profile / 43(B)log

Filed Under:Industries / Law
Posts on Regator:2271
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

No need to name competitor if context does

last weekIndustries / Law : 43(B)log

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198, No. 14 CV 9754 (N.D. Ill. May 8, 2015) The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel...Show More Summary

SDNY allows consumer "organic" claims to proceed

2 weeks agoIndustries / Law : 43(B)log

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015) Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,”...Show More Summary

Hypo of the day, Denny's edition

2 weeks agoIndustries / Law : 43(B)log

This might require a bit of background. Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tumblr and is trying to figure out how to make it profitable through advertising. As a result, Tumblr is trying out new ad formats in users' let's-call-them-newsfeeds. Show More Summary

Reading list: entertainment franchises and Drassinower

2 weeks agoIndustries / Law : 43(B)log

Law and Creativity in the Age of the Entertainment Franchise, ed. Kathy Bowrey & Michael Handler: A collection of essays on the general theme, some much more specific than others. The editors suggest that the things that the “ entertainment...Show More Summary

"Handmade" is too vague to be actionable for bourbon

2 weeks agoIndustries / Law : 43(B)log

Salters v. Beam Suntory, Inc., 2015 WL 2124939, No. 14cv659 (N.D. Fla. May 1, 2015) Plaintiffs alleged that Maker’s Mark bourbon was falsely advertised as “handmade.” In a pithy opinion, the court found that they couldn’t state a claim for falsity. Show More Summary

NPR on The Slants, with appearance by me

2 weeks agoIndustries / Law : 43(B)log

Link to the show is here.

Answer unclear in Clearly beverage infringement case

2 weeks agoIndustries / Law : 43(B)log

Clearly Food & Beverage Co. v. Top Shelf Beverages, Inc., No. C13–1763, 2015 WL 1926503 (W.D. Wash. Apr. 28, 2015) Plaintiff Clearly Food owns, by a 2012 assignment from the defunct Clearly Canadian corporation, a registration for Clearly...Show More Summary

Transformative work of the day, Star Wars edition (expanded universe)

2 weeks agoIndustries / Law : 43(B)log

Courtesy of The Toast.

EFF/OTW DMCA reply comments

3 weeks agoIndustries / Law : 43(B)log

Well, that's an alphabet soup. Here are our reply comments to the opposition from DVDCSS and the MPAA et al. Notably, while opponents assert that remix videos are infringing, they don't oppose extension of the existing exemptions.

District court largely upholds mandatory GE disclosures

3 weeks agoIndustries / Law : 43(B)log

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No. 5:14–cv–117 (D. Vt. Apr. 27, 2015) Relax, we'll be here for a while. Vermont passed a law, Act 120, requiring that manufacturers and retailers identify whether raw and processed...Show More Summary

Eco-friendliness is functional; so is rustic look of burlap

3 weeks agoIndustries / Law : 43(B)log

Farmgirl Flowers, Inc. v. Bloom That, Inc., No. 14-CV-05657, 2015 WL 1939424 (N.D. Cal. Apr. 28, 2015) Farmgirl, a San Francisco-based florist selling locally farmed arrangements, sought a preliminary injunction against competitor Bloom...Show More Summary

DC Comics thinks derivative works are creator-less

4 weeks agoIndustries / Law : 43(B)log

According to this post by a DC Comics artist (who created Felicity Smoak!). This raises fascinating contract issues, as well as depressingly highlighting artists' lack of bargaining power.

The dangers of only arguing one half of 43(a)

4 weeks agoIndustries / Law : 43(B)log

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. Show More Summary

briefly noted: another court rejects proof of purchase requirement for class ascertainability

4 weeks agoIndustries / Law : 43(B)log

Really briefly! In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015). It would defeat the purpose of class actions. Also, though, there couldn't be an injunctive relief class after the challenged statement was removed from packaging.

Court makes the write choice on descriptive fair use

4 weeks agoIndustries / Law : 43(B)log

Marketquest Group, Inc. v. BIC Corp., No. 11-cv-618 BAS (S.D. Cal. Apr. 17, 2015) Marketquest website using All In One and The Write Choice marks Marketquest sued BIC for infringing its registrations for ALL-IN-ONE and THE WRITE CHOICE for, among other things, pens. Show More Summary

Needless markup: outlet stores' pricing not deceptive

4 weeks agoIndustries / Law : 43(B)log

Rubenstein v. Neiman Marcus Group LLC, 2015 WL 1841254, No. CV 14–07155 (C.D. Cal. Mar. 2, 2015) Rubenstein bought two items of clothing from the Neiman Marcus Last Call Store (a discount store, as opposed to the usual upscale Neiman...Show More Summary

So, that happened: MPAA Creativity Conference

last monthIndustries / Law : 43(B)log

The Motion Picture Association of America, in partnership with Microsoft and ABC News Creativity Conference (File under: you invited me! Also, no surprise, the food was good and the perks nice—you could get your photo made in a James Bond pose with the swirl around you, among other things. Show More Summary

Deducting points for a 3-point landing in copyright claim

last monthIndustries / Law : 43(B)log

Horizon Comics Prods., Inc. v. Marvel Entertainment, LLC, No. 15-cv-11684 (D. Mass. filed Apr. 23, 2015): Newly filed; the claim is that movie Iron Man's armor infringes the copyright in another comic armored suit. All I'll say right...Show More Summary

Ad agency liability for false advertising without scienter

last monthIndustries / Law : 43(B)log

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 1782661 (E.D. Mo. Apr. 20, 2015) Purina sued Blue Buffalo for false advertising of its dog food as “grain free” and containing “no chicken by-product.” Purina issued...Show More Summary

8th Circuit dismisses right of publicity claim as copyright preempted

last monthIndustries / Law : 43(B)log

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015) Steve "Wild Thing" Ray wrestled professionally in the Universal Wrestling Federation (UWF) from 1990 to 1994. ESPN obtained films of his wrestling matches and re-telecast them without his consent. Show More Summary

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