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Morning Docket: 10.30.14

22 hours agoIndustries / Law : Above the Law

Will we have a nominee for Attorney General Eric Holder’s position “shortly after the election”? Per a White House spokesperson, our lame-duck Congress might just get a chance to confirm America’s next top lawyer. [WSJ Law Blog] InShow More Summary

Houston mayor withdraws pastor subpoenas

23 hours agoIndustries / Law : Overlawyered

One instance of abusively broad litigation discovery down, 437,816 to go. [WSJ Law Blog, Houston Chronicle, City of Houston, earlier] Tweet Tags: churches, discovery, Houston Houston mayor withdraws pastor subpoenas is a post from Overlawyered - Chronicling the high cost of our legal system

Pizzeria Attempts To Trademark The Flavor Of Pizza. Yes, Seriously.

yesterdayIndustries / Law : Techdirt

Trademark, while generally one of the better forms of intellectual property as used in practice and in purpose, can certainly still be abused. It can also fall victim to an ever-growing ownership culture that seems to have invaded the American mind like some kind of brain-eating amoeba. Show More Summary

Software Patenting: Are you Smarter than a Fourth Grader

by Dennis Crouch This morning I mentioned one bit of the ongoing software-patent debate to my 9-year-old daughter.  I told her that some people argue that the computer is a different machine when it is running Microsoft Word than when it is running her WarriorCat game.  As an old Newtonian mechanical engineer, that argument never sits well […]

Just in time for Halloween: this should make TM owners shiver

yesterdayIndustries / Law : 43(B)log

The Ninth Circuit is not kidding about not presuming irreparable harm in trademark cases. Titaness Light Shop, LLC v. Sunlight Supply, Inc., No. 13-16959 (9th Cir. Oct. 9, 2014) Sunlight uses “Titan Controls” for devices that control indoor gardening equipment. Show More Summary

Case against allegedly contaminated jerky treats proceeds

yesterdayIndustries / Law : 43(B)log

In re Milo’s Dog Treats Consolidated Cases, 9 F.Supp.3d 523 (W.D. Pa. 2014) The court adopted the magistrate judge’s recommendation to grant defendants’ motion to dismiss unjust enrichment claims, but to deny the motion as to the consumer protection and warranty claims in this dog jerky contamination case. Show More Summary

Whole Foods' not wholly natural foods are ok

yesterdayIndustries / Law : 43(B)log

Gedalia v. Whole Foods Market Services, Inc., 2014 WL 5315030, No. 4:13–CV–3517 (S.D. Tex. Sept. 30, 2014) Gedalia sued on behalf of a putative class of people who bought Whole Foods’s private-label 365 Organic and 365 Everyday Value products allegedly falsely labelled as being organic, natural, and/or GMO-free. Show More Summary

TM, advertising claims excluded from LivingSocial's arbitration agreement

yesterdayIndustries / Law : 43(B)log

Faegin, v. LivingSocial, Inc., No. 14cv00418, 2014 WL 5307186 (S.D. Cal. Oct. 15, 2014) Plaintiffs (A.T. Your Service Cleaning and Janitorial) sued defendants for trademark infringement and related business torts. ATYS is a cleaning service in San Diego. Show More Summary

Which false advertising claims are barred by Dastar?

yesterdayIndustries / Law : 43(B)log

A.H. Lundberg Associates, Inc. v. TSI, Inc., No. C14–1160, 2014 WL 5365514 (W.D. Wash. Oct. 21, 2014) The parties compete to make and supply equipment to various processing industries. Defendant TSI specializes in wood and biomass, and began purchasing plaintiff Lundberg’s products in 2007. Show More Summary

Empirical IP Research Conference: copyright

yesterdayIndustries / Law : 43(B)log

Effect of Copyright Infringement on Creative Incentives Facilitator: Chris Sprigman (NYU) Panelists: Joel Waldfogel (Minnesota Carlson School of Management) Topic: The strengths and limits of the natural experiment methodology to explore...Show More Summary

Empirical IP Research Conference: TM counterfeiting

yesterdayIndustries / Law : 43(B)log

Trademark breakout session #2: Counterfeiting and Its Effect on the Market for the Genuine Article Facilitator: Scott Hemphill (Columbia; Visiting Professor, NYU) Why we care: innovation policy; enforcement policy. Debate over magnitude:...Show More Summary

Empirical IP Research Conference: trademarks

yesterdayIndustries / Law : 43(B)log

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined. Used to include “purchasers” but Congress deleted that phrase. 43(a)’s language is even broader. Show More Summary

Empirical IP Research Conference, NYU

yesterdayIndustries / Law : 43(B)log

Plenary Session: How Do Patents Affect Innovation? Facilitator: Katherine Strandburg (NYU) Longer history of empirical work in patent, but still difficulty answering basic question of effect on innovation. In 1958, economist Fritz Machlup...Show More Summary

Organization for Transformative Works fundraising drive

yesterdayIndustries / Law : 43(B)log

Fandom makes wonderful things! Help support our commitment to preserving and protecting noncommercial transformative works, including our forthcoming work on renewing the DMCA exemption for vidders! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

likely confusion is irreparable after eBay

yesterdayIndustries / Law : 43(B)log

CFE Racing Products, Inc. v. BMF Wheels, Inc., 2 F. Supp. 3d 1029 (E.D. Mich. 2014) The jury found trademark infringement but no damages and no intentional infringement. What should happen with requested injunctive relief? Here, the court finds irreparable harm due to likely confusion, while citing eBay. Show More Summary

The highs are too high: overdraft claims against HSBC continue in part

yesterdayIndustries / Law : 43(B)log

In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 1 F.Supp.3d 34 (E.D.N.Y. 2014) This case involves more of the charming practice of low-to-high charge posting, causing consumers to rack up numerous $35 overdraft charges in a single day for using their debit cards, often to make small purchases. Show More Summary

Pleading standards for false advertising

yesterdayIndustries / Law : 43(B)log

Cocona, Inc. v. Singtex Industrial Co., 2014 WL 5072730, Civil Action 14-cv-01593 (D. Colo. Oct. 9, 2014) Cocona created a process to use coconut particles in fabric, which is used for outdoor gear, to enhance odor control, moisture absorption, and UV protection. Show More Summary

NFL Films protected by First Amendment against players' right of publicity claims

yesterdayIndustries / Law : 43(B)log

Dryer v. National Football League, No. 09-2182 (D. Minn. Oct. 10, 2014) There are two alternatives when it comes to the right of publicity, it seems to me. Either we will limp along with a special rule for video games despite the Supreme...Show More Summary

AU trademark works in progress day 2

yesterdayIndustries / Law : 43(B)log

Dan Hunter (with Irene Calboli), Trademark Proliferation Concerns about too many marks. They’re extremely weak as a result. It’s easy to get a descriptive mark on the primary register w/o secondary meaning. Also: many “marks” don’t seem distinctive as to source. Show More Summary

AU TM works in progress part 2

yesterdayIndustries / Law : 43(B)log

Cathay Smith, Immoral Trademarks Abusive challenges: Dykes on Bikes, Squeezebloodfromturnips.com (opposer was angry because he was getting calls from the collection agency that was the applicant); Adultfriendfinder (opposer was a pastor...Show More Summary

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