|Filed Under:||Industries / Law|
|Posts on Regator:||2617|
|Posts / Week:||8.7|
|Archived Since:||March 17, 2008|
Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., No. C 13–0575, 2013 WL 6354244 (N.D. Cal. Dec. 5, 2013) Sometimes I think Iqbal/Twomblyis for people who don’t own trademarks. Here, Kirby Morgan sought to amend its counterclaims for trademark infringement, federal dilution, and false advertising. Show More Summary
Saavedra v. Eli Lilly and Co., 2013 WL 6345442, No. 2:12–cv–9366 (C.D. Cal. Feb. 26, 2013) Plaintiffs brought a putative class action under the consumer protection laws of California, Massachusetts, Missouri, and New York, and Saavedra also brought individual causes of action for breach of warranty, strict product liability, etc. Show More Summary
"My Princess Bride" play halted after lawsuit threat. As Zach Schrag said, you have a real choice of witty headlines here, though I might also vote for “copyright law is pain, highness; anyone who says differently is selling somethi...
To be held December 12. Agenda available here in pdf. I will be speaking on the panel on the legal framework for remixes, in particular from the perspective of creators of noncommercial transformative works.
First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2013 WL 6234598, No. RDB–12–2568 (D. Md. Nov. 13, 2013) I’m only discussing the Lanham Act claims, but there are many other claims in this case. First Data and SecurityMetrics...Show More Summary
Is this evidence of confusion?
Haskins v. Symantec Corporation, 2013 WL 6234610, No. 13-cv-01834-JST (N.D. Cal. Dec. 2, 2013) In 2006, hackers infiltrated Symantec’s network and stole the source code used in the 2006 versions of its antivirus etc. products. Symantec allegedly knew this, but neither performed a reasonable investigation into the breach nor informed consumers. Show More Summary
Herb Reed Enterprises, LLC v. Florida Entertainment Opinion Management, Inc., No. 12-16868 (9 th Cir. Dec. 2, 2013) Fascinating to have this case come out just as I’m teaching remedies in my trademark class. The casebook (Ginsburg et...Show More Summary
The ECJ recently ruled on dilution as a ground for refusing registration. Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (OHIM), November 14, 2013 (Case C-383/12 P). If this is taken seriously, I can’t imagine how anyone could actually find dilution, since we don’t know how to measure it. Show More Summary
Panel 3: The Way Forward on Transparency: A discussion of best practices Moderator: Mary K. Engle, Associate Director, Division of Advertising Practices, FTC Examples of native ads: “sponsored” story, labeled as such in gray at the top...Show More Summary
Sorry for earlier posting difficulties. The Lessons of Nauru Bob Garfield, Co-host of On the Media and MediaPost columnist Nauru: was wealthy; phosphate resource from centuries of built up guano was valuable, but only took 50 years to destroy, and now poverty is endemic. Show More Summary
Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising Welcoming Remarks: Edith Ramirez, Chairwoman, FTC Advertising integrated into digital content. Recent survey of online publishers: 73% offer native advertising opportunities and 17% considering. Show More Summary
Welcoming Remarks: Edith Ramirez, Chairwoman, FTC Advertising integrated into digital content. Recent survey of online publishers: 73% offer native advertising opportunities and 17% considering. 41% of brands and many ad agencies currently use it and more hope to do so. Show More Summary
Stahl Law Firm v. Judicate West, 2013 WL 6200245, NO. C13-1668 (Nov. 27, 2013) Previous ruling on plaintiff’s lack of Article III standing. Here the court finds that the amended complaint does not address the deficiencies identifiedShow More Summary
Bose Corporation v. Ejaz, No. 12-2403 (1st Cir. Oct. 4, 2013) Bose won summary judgment on its breach of contract and trademark claims against Ejaz, who sold home theater systems made by Bose for use in the US to other countries, to take advantage of higher retail prices abroad. Show More Summary
Oral argument transcript here : Most of the questions seemed to me more favorable to Static Control, though Kennedy said almost nothing. Steven B. Loy - Stoll Keenon Ogden PLLC, representing Lexmark Lexmark makes printers and cartridges: position is that primary competitors are HP etc. Show More Summary
Vienna Teng’s Hymn of Acxiom (bonus trademark question included). leave your life open. you don’t have to hide. someone is gathering every crumb you drop, these (mindless decisions and) moments you long forgot. keep them all. … is that wrong?isn’t this what you want? To go on the playlist with the Pet Shop Boys’ Integral. Show More Summary
Farah v. Esquire Magazine, No. 12–7055, 2013 WL 6169660, -- F.3d – (D.C. Cir. Nov. 26, 2013) Mark Warren wrote a blog post on Esquire Magazine’s Politics Blog. The entry was posted one day after the release of Jerome Corsi’s book, Where’s the Birth Certificate? The Case that Barack Obama is not Eligible to Be President. Show More Summary
A promotional e-mail from Spotify included the text "Have you heard this song by Lily Allen? Give it a try. Fuck You." The ASA upheld a complaint against the ad. Though consumers were targeted for the ad because of previous genres they'd...Show More Summary
At Forbes, here. As is obvious, Eric and I part ways on several issues, but as always I respect his viewpoint.