Monthly Archives: November 2013

Lexmark post-argument panel at AU

Posted on November 27, 2013 by rtushnet

American University Washington College of Law  Program on Information Justice & Intellectual Property  Presents Supreme Court Series: Lexmark International, Inc. v.  Static Control Components, Inc. Tuesday, December 3, 2013 4:00pm – 5:30pm Reception to follow   Room 603 American University, … Continue reading →

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Bike humor

Posted on November 27, 2013 by rtushnet

Via Bikearlington on Twitter.  Hardly-Davidson “Born to be Mild” strikes me as a pretty good parody. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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The work of art in an age of mechanical demolition?

Posted on November 27, 2013 by rtushnet

Cohen v. G&M Realty L.P., No. 13-cv-05612 (E.D.N.Y. Nov. 20, 2013) This VARA dispute makes some interesting moves on irreparable harm—it’s hard to see why courts are still stuck in “copyright/TM harm is irreparable” given what they’re doing elsewhere.   … Continue reading →

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Hey Jude, WTH? Competitor plaintiff fails despite falsity and presumed harm

Posted on November 26, 2013 by rtushnet

Berken v. Jude, No. 12–cv–02555, 2013 WL 6152347 (D. Colo. Nov. 22, 2013) Berken alleged that Jude and his law firm, Jude Law, LLC (really?), falsely advertised in violation of the Lanham Act and the Colorado Consumer Protection Act (CCPA).  … Continue reading →

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Right of publicity question of the day

Posted on November 26, 2013 by rtushnet

Does this mortgage broker’s ad, quoting Mr. Rogers, violate any right? Text: “If you could only sense how important you are to the lives of those you meet, how important you can be to the people you may never even … Continue reading →

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ABA Journal Blawg 100

Posted on November 26, 2013 by rtushnet

I’m on the ABA Journal’s Blawg 100, which is a real treat!  Check out the many worthy news sources there. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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coincidental co-creation

Posted on November 25, 2013 by rtushnet

Author’s note from William Pene du Bois, The Twenty-One Balloons (1947): Just before publication of The Twenty-One Balloons, my publishers noted a strong resemblance between my book and a story by F. Scott Fitzgerald entitled “The Diamond as Big as … Continue reading →

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transformative work of the day

Posted on November 25, 2013 by rtushnet

I Ship It, by notliterally—a hilarious parody of Icona Pop’s song that is also a love letter to fandom. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reply brief in Lexmark v. Static Control

Posted on November 25, 2013 by rtushnet

Lexmark’s Reply Brief, to finish out the set.  Obviously I disagree, but I’ll limit myself here to one argument I think is disingenuous to the point of misleadingness: the equation of antitrust treble damages and fees, which are mandatory and … Continue reading →

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Retailer’s California claims against supplier proceed

Posted on November 22, 2013 by rtushnet

TRC & Associates v. NuScience Corp., 2013 WL 6073004, No. 2:13–cv–6903 (C.D. Cal. Nov. 18, 2013) TRC, a supplement retailer, sued NuScience and Lumina based on their sales to TRC of a dietary supplement, Cellfood.  TRC alleged that defendants misrepresented … Continue reading →

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