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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3046
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

ABA teleconference on irreparable harm in Lanham Act false advertising cases

2 weeks agoIndustries / Law : 43(B)log

I'll be participating in this teleconference, 12 pm EST on December 12. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

A case peppered with TM and advertising issues

2 weeks agoIndustries / Law : 43(B)log

United Tactical Systems v. Real Action Paintball, Inc., 2014 WL 6788310, No. 14-cv-04050 (N.D. Cal. Dec. 2, 2014) UTS sued RAP4 mostly over the trademark PepperBall; the court granted a preliminary injunction based on some of its claims. Show More Summary

Religion isn't (yet) a defense to false advertising

2 weeks agoIndustries / Law : 43(B)log

State v. Valerie Saxion, Inc., 2014 WL 6839970, No. 02–13–00227 (Tex. Ct. App. Dec. 4, 2014) Valerie Saxion argued that her free speech (and RFRA) rights were being violated by the state’s pursuit of claims against her and her company for the false and misleading sale of dietary supplements. Show More Summary

B&N almost entirely off the hook for copying backpack design

2 weeks agoIndustries / Law : 43(B)log

Rubio v. Barnes & Noble, Inc., 2014 WL 6769150, No. 14–CV–6561 (S.D.N.Y Nov. 11, 2014) Rubio sued her alma mater, the Fashion Institute of Technology (FIT) and Barnes & Noble, Inc. for copying her original drawing of a backpack, producing actual backpacks based on her design, and selling those backpacks using her name. Show More Summary

No free lift: ad-as-contract claim survives

2 weeks agoIndustries / Law : 43(B)log

Kearney v. Equilon Enterprises, LLC, No. 3:14–cv–00254, 2014 WL 6769697 (D. Or. Dec. 1, 2014) Plaintiffs sued on behalf of a proposed nationwide class for breach of contract and violations of various state consumer protection statutes. Show More Summary

How do you keep them in the library after they've seen Google?

3 weeks agoIndustries / Law : 43(B)log

Oral argument in the latest and possibly last round of the longstanding Authors Guild v. Google case apparently went reasonably well for Google. I was struck by Judge Chin's statement that his clerks use Google Books to do cite checks. Show More Summary

ABA Blawg 100: submitted for your consideration

3 weeks agoIndustries / Law : 43(B)log

I've already mentioned my pleasure to be on the nominated list along with my coauthor Eric Goldman's blog (under Tech for some reason). Others well worth checking out in/around the advertising field include All About Advertising Law (Venable) and the FDA Law Blog (Hyman Phelps), both under Consumer Law. Show More Summary

Falsity of political ad irrelevant to constitutionality of public entity's rejection

3 weeks agoIndustries / Law : 43(B)log

American Freedom Defense Initiative v. Southeastern Pennysylvania Transportation Authority, No. 2:14-5335 (E.D. Pa. Nov. 25, 2014) Plaintiffs sued SEPTA, arguing that it violated their First Amendment rights by refusing to post an ad...Show More Summary

B&B v. Hargis: just one reaction

3 weeks agoIndustries / Law : 43(B)log

When I read the SG's brief advocating for preclusion as an ordinary result, I was concerned that there was limited understanding of what a registration/opposition proceeding actually is compared to an infringement case. For example,Show More Summary

Lack of affirmative statement dooms Lanham Act claim

3 weeks agoIndustries / Law : 43(B)log

FMC Corp. v. Summit Agro USA, LLC, 2014 WL 6627727, No. 14–51 (D. Del. Nov. 14, 2014) (magistrate judge) FMC and Summit Argo compete in the herbicide market. Herbicides are sold by manufacturers to distributors, thence to retailers, thence to farmers/growers. Show More Summary

Disparagement to suppliers doesn't trigger Lanham Act

3 weeks agoIndustries / Law : 43(B)log

Neonatal Product Group, Inc. v. Shields, No. 13–CV–2601, 2014 WL 6685477 (D. Kan. Nov. 26, 2014) This is largely a patent case, in which defendants threatened Neonatal (dba Creche) with a lawsuit for patent infringement. Creche sought...Show More Summary

Garcia v. Google briefs

4 weeks agoIndustries / Law : 43(B)log

Going up at the Ninth Circuit's site. The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

ABA Blawg 100

4 weeks agoIndustries / Law : 43(B)log

Once again, I'm delighted to have been nominated, and I'd appreciate your vote, though there are many great contenders, including my co-author Eric Goldman (under Tech for some reason). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Transformative work of the day: Barbie the Computer Engineer

last monthIndustries / Law : 43(B)log

Organization for Transformative Works volunteer Casey Fiesler explains in Slate. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Reading list: Orly Lobel on employment law as IP law

last monthIndustries / Law : 43(B)log

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property. Abstract:Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific...Show More Summary

Lamborghini going to pot?

last monthIndustries / Law : 43(B)log

If "anything can signify anything," is this equation of a pot with a Lamborghini nominative fair use? (It's just an object. It doesn't mean what you think.) Anything can signify anything billboard, Washington DC Photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

organic cosmetics class certified

last monthIndustries / Law : 43(B)log

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason cosmetic...Show More Summary

Koch and wine: punitive damages for wine fraud reduced but allowed

last monthIndustries / Law : 43(B)log

Koch v. Greenberg, 14 F. Supp. 3d 247 (S.D.N.Y. 2014) There’s probably a good magazine article or two in this story. William Koch, the “litigious younger brother” of Charles and David, bought over 2600 bottles of rare French wine consigned by Eric Greenberg to an auction house. Show More Summary

NPR story on apple varieties and TM as substitute for patent

last monthIndustries / Law : 43(B)log

The story suggests that control over new varieties could last forever, instead of expiring as previous patents on new varities have, because the varieties are "trademarked." Query: if the public knows the apple as SweeTango, why isn't that word the generic term for that kind of apple? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

bills, applications and manuals can be commercial speech

last monthIndustries / Law : 43(B)log

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, which allow merchants to accept credit cards and debit cards. Show More Summary

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