Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2320
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

Amicus brief in TVEyes fair use case

2 weeks agoIndustries / Law : 43(B)log

Chris Sprigman and I have written an amicus brief on behalf of certain IP professors in the Fox v. TVEyes case, in which the court is now considering several features of the TVEyes service as to which it reserved judgment in its initial ruling. Show More Summary

False patent marking not actionable under Lanham Act

2 weeks agoIndustries / Law : 43(B)log

Leisure Concepts, Inc. v. California Home Spas, Inc., 2015 WL 3658190, No. 14–CV–388 (E.D. Wash. June 12, 2015) Leisure and CHS compete in spa products, including spa cover lifters. Leisure’s CoverMate I is protected by a patent, which it claimed was infringed by CHS’s Cover EX. Show More Summary

“How can the academy best contribute to IP policy?”

2 weeks agoIndustries / Law : 43(B)log

Moderator: F. Scott Kieff, US International Trade Commission and George Washington University Panelists: Stephen Haber, Hoover Institution and Stanford University: Good policy making starts with good research. Literature on patenting...Show More Summary

What Is the Academy’s Role in Evidence-based Policy Making for Intellectual Property?

2 weeks agoIndustries / Law : 43(B)log

Hoover Institution & USPTO Welcome: Shira Perlmutter, US Patent and Trademark Office Initial Edison Scholars to help with evidence-based policymaking—Peter Menell (claim construction) and Jay Thomas. Jay Kesan: harmonization and cross-country comparisons of patent examination. Show More Summary

Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

2 weeks agoIndustries / Law : 43(B)log

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015) Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. Show More Summary

Seventh Circuit engages in target practice on descriptive fair use

2 weeks agoIndustries / Law : 43(B)log

Sorensen v. WD-40 Co., No. 14-3067, 2015 BL 184918 (7th Cir. June 11, 2015) The Seventh Circuit continues its pattern of telling district judges just to eyeball cases in the expectation that they’ll be good enough to get it right most of the time. Show More Summary

Copyrighting appropriation art?

3 weeks agoIndustries / Law : 43(B)log

The Jim Crow Museum of Racist Memorabilia has an interesting discussion on the copyrightability of segregation signs. Q: Does anyone own copyrights to Jim Crow Era segregation signage, such as the famous “Whites Only” or “Colored Entrance”...Show More Summary

In which I sue the government

3 weeks agoIndustries / Law : 43(B)log

So, remember when ICE held a press conference and claimed that disparaging a mark constituted counterfeiting? I ended up filing a FOIA request to figure out under what circumstances ICE took this position, and since it was denied, IShow More Summary

Native American Arts lacks standing to sue under IACA

3 weeks agoIndustries / Law : 43(B)log

Native American Arts, Inc. v. Peter Stone Co., 2015 WL 3561439, -- F. Supp. 3d --, No. 08 C 3908 (N.D. Ill. June 9, 2015) (magistrate judge) NAA sued Stone under the Indian Arts and Crafts Act (IACA), which forbids selling merchandise...Show More Summary

Court certifies class against JCPenney for allegedly false "sales"

3 weeks agoIndustries / Law : 43(B)log

Spann v. J.C. Penney Corp., 2015 WL 3478038, No. CV 12–0215 (C.D. Cal. May 18, 2015) Spann sued JCP, bringing the usual California claims, for allegedly “falsely advertising ‘original’ prices, ‘sale’ prices and corresponding price discounts...Show More Summary

Who's honoring me now? (Public Knowledge)

3 weeks agoIndustries / Law : 43(B)log

I'm delighted to announce that Public Knowledge is giving me one of its 12th Annual IP3 Awards. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Student athletes lose another right of publicity claim

3 weeks agoIndustries / Law : 43(B)log

Marshall v. ESPN Inc., No. 14-01945 (M.D. Tenn. Jun. 4, 2015) Current and former student athletes who played NCAA football or basketball sued college conferences, networks, and licensors for violating their rights of publicity and foreclosing them from the market for their rights of publicity. Show More Summary

violation of labeling law is presumptively material and deceptive

3 weeks agoIndustries / Law : 43(B)log

Brown v. Hain Celestial Group, Inc., 2015 WL 3398415, No. 11-cv-03082 (N.D. Cal. May 26, 2015) (magistrate judge) Plaintiffs sued Hain for selling cosmetics whose front labels used the word “organic,” but that did not contain at least...Show More Summary

Plaintiff is over a barrel without a protectable trade secret

3 weeks agoIndustries / Law : 43(B)log

Giles Const., LLC v. Tooele Inventory Solution, Inc., 2015 WL 3505309, No. 2:12–cv–37 (D. Utah June 3, 2015) Giles alleged that the defendants, including individuals, improperly disclosed and used its trade secrets related to barrelShow More Summary

Ron Coleman reviews Keller & Cunard copyright treatise

3 weeks agoIndustries / Law : 43(B)log

In his inimitable style. Obligatory disclosure: I worked at Debevoise with Bruce Keller and Jeff Cunard lo these many moons ago, which I guess makes me a demon-affiliate. To the best of my recollection, I did not work on any previous versions of the treatise. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

DMCA Class 21 (vehicle software) FYI

last monthIndustries / Law : 43(B)log

From the Copyright Office: Class 21 Witnesses, Additional written materials were submitted at the hearing for Proposed Class 21: Vehicle software - diagnosis, repair, or modification. The Copyright Office provided the opportunity to respond to these materials until the close of business on June 2, 2015. Show More Summary

failure to show damage from accusation of falsity dooms counterclaims

last monthIndustries / Law : 43(B)log

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 3407882, No. C10–861 (W.D. Wash. May 27, 2015) This five-year odyssey ends with a whimper. Cascade and KFI sell luxury yarns; Cascade initially sued KFI for mislabeling the fiber content of certain yarns. Show More Summary

"designed to meet standard" doesn't mean "meets standard," court says

last monthIndustries / Law : 43(B)log

Caltex Plastics, Inc. v. Shannon Packaging Co., 2015 WL 3407889, No. 2:13–cv–06611 (C.D. Cal. May 27, 2015) Caltex makes polyethylene bags and laminated products for military and electronics. Shannon competes with Caltex. The Department...Show More Summary

Can you patent the Barbra Streisand effect?

last monthIndustries / Law : 43(B)log

Lawyer sues EFF over its stupid patent of the month award. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Don't start a competing business using your boss's equipment

last monthIndustries / Law : 43(B)log

Nedschroef Detroit Corp. v. Bemas Enterprises LLC, 2015 WL 2453511, No. 14–10095 (E.D. Mich. May 22, 2015) Defendants Rigole and LePage were Nedschroef employees in Detroit who formed a competing company, Bemas, while still working for Nedschroef. Show More Summary

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