Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2935
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Does this image evoke the Starbucks logo?

last monthIndustries / Law : 43(B)log

Circles and colors and coffee: is that enough for dilution? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Hamilton, the gift that keeps on giving ...

last monthIndustries / Law : 43(B)log

Apparently this shirt is available at Ash Lawn, Monroe's home. I desperately want one: Young man I'm from Virginia, so watch your mouth Too short a phrase for copyright? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

MOB receives early Xmas present: 2d Circuit affirms LV's loss

last monthIndustries / Law : 43(B)log

Louis Vuitton Malletier S.A. v. My Other Bag, Inc., 16-241-cv (2d. Cir. Dec. 22, 2016) Contrary to my expectations for the Second Circuit, this is a quick summary affirmance—testament to Judge Furman’s careful reasoning below (which one would hope supports MOB's fee application). Show More Summary

Update on my suit against ICE

last monthIndustries / Law : 43(B)log

Today my lawyer Michael Kirkpatrick had oral argument before Judge Cooper of the DDC. One of the highlights, for me, was the government's lawyer's concession that he couldn't imagine a situation in which "Yankees Suck" would be counterfeit or infringing. Show More Summary

kefir confusion: court finds definition of little-known product to be up for grabs

last monthIndustries / Law : 43(B)log

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336722, -- F. Supp. 3d – (C.D. Cal. Nov. 17, 2016) Before the case was dismissed on statute of limitations/laches grounds, the court denied a preliminary injunction. Show More Summary

Court finds Lanham Act laches on the pleadings given p's delay

last monthIndustries / Law : 43(B)log

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, -- F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t contain the ingredients represented on the label. Show More Summary

The NYT on Frederik Colting's latest endeavor

last monthIndustries / Law : 43(B)log

I'm quoted in the story, though not in full--I think this is a very hard case that could go either way. One real issue is whether the kiddie versions take any more of the expression of the works than a standard, reasonably detailed review--they...Show More Summary

SCOTUSblog symposium on Tam

last monthIndustries / Law : 43(B)log

My contribution is here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Facebook, Twitter fans could substitute for sales to show secondary meaning, 6th Cir. rules

last monthIndustries / Law : 43(B)log

Kibler v. Hall, No. 15-2516 (6th Cir. Dec. 13, 2016) Lee Jason Kibler, a disc jockey, sued Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work for trademark infringement and dilution. Kibler has performed and released several albums under the name “DJ LOGIC” since 1999 though he currently has no record deal. Show More Summary

Can bait & switch cause actionable harm even though the consumer knows the price at checkout?

last monthIndustries / Law : 43(B)log

Veera v. Banana Republic, LLC, --- Cal.Rptr.3d ----, 2016 WL 7242539, No. B270796 (Ct. App. Dec. 15, 2016) This decision, over a dissent, finds standing under the usual California statutory claims to challenge an alleged bait-and-switch...Show More Summary

Trademark/(c)/ROP question of the day, Stephen King edition

last monthIndustries / Law : 43(B)log

This is a book bag. Get it? I wish it were a little bigger, but boy does it look nice. What's the appropriate rights analysis? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Falsely claiming TM ownership isn't false advertising, court rules

last monthIndustries / Law : 43(B)log

Dille Family Trust v. Nowlan Family Trust, No. 15-6231, 2016 WL 7202073 (E.D. Pa. Apr. 21, 2016) There’s a pattern in the ED Pa where they put all the legal analysis in a big footnote in the order granting a motion to dismiss. I don’t know why. Show More Summary

Second Circuit will trust FDA on drug facts, not on misleadingness

last monthIndustries / Law : 43(B)log

Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmBH, 2016 WL 7131177, No. 15-2411, -- F.3d – (2d Cir. 2016) (as amended on denial of reh’g Dec. 5, 2016) Original opinion discussed here; the court amended the opinion to deal more explicitly with a couple of issues. Show More Summary

Exposure to false advertising doesn't create Article III standing

last monthIndustries / Law : 43(B)log

Truthinadvertisingenforcers.com v. Dish Network, LLC, No. 8:16–cv–2366, 2016 WL 7230955 (M.D. Fla. Dec. 14, 2016) Pro se plaintiff TruthInAdvertisingEnforcers.com is a website solely owned by Gerald Collette, who received the advertisements at issue at his residence. Show More Summary

When does a false advertising case create a right to a jury trial?

last monthIndustries / Law : 43(B)log

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., --- F.Supp.3d ----, 2016 WL 7223279, No. 13–12553 (D. Mass. Dec. 13, 2016) The parties compete for the market in products used for bowel preparation before colonoscopies, and each alleged that the other had engaged in false advertising. Show More Summary

Business betrayal isn't false advertising, could be TM infringement

last monthIndustries / Law : 43(B)log

Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Show More Summary

Announcing the Open Source Property Casebook

last monthIndustries / Law : 43(B)log

Straight from Jeremy Sheff: On behalf of myself and my co-authors (Steve Clowney, James Grimmelmann, Mike Grynberg, and Rebecca Tushnet), I am pleased to announce the immediate availability of Open-Source Property, a completely free casebook for the 1L Property Law course. Show More Summary

Reading list: why search engines shouldn't implement the right to be forgotten

last monthIndustries / Law : 43(B)log

Note structural similarity to arguments about copyright takedown notices. Stuart Hargreaves, The Trouble with Using Search Engines as the Primary Vector of Exercising the Right to Be Forgotten, [2016] 19 Pandora’s Box 83-106 Abstract:...Show More Summary

NYIPLA IP writing competition

last monthIndustries / Law : 43(B)log

For current law students. $1500/$1000 awards for the winners. Deadline March 3, 2017. Details here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Trademark questions of the day, pictorial edition

last monthIndustries / Law : 43(B)log

Some photos I found in my end-of-year cleanup: wine caddy in form of black shoe with red sole: infringement or dilution? petco label, "because I'm worth it" http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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