Monthly Archives: November 2013

transformative work of the day

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

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

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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Posner likes trademarks, hates surveys

Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., No. 13‐2559 (7th Cir. Nov. 14, 2013) This is a classic Posner trademark opinion, with a combination of skepticism and credulity (about his favored theory of trademark) whose … Continue reading

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Copyright talking points and the TPP

Mike Masnick has the story–which also qualifies for “transformative use of the day,” since it involves reproducing the talking points (likely an unpublished work no less!) in full in order to rebut them.  I particularly like his deconstruction of “nothing … Continue reading

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Name your own price, then pay more: Court upholds Priceline’s model

Freeman v. Priceline.com, Inc., 2013 WL 5946069, B242653 (Cal. Ct. App. Nov. 7, 2013) The court of appeals upheld a ruling getting Priceline off the hook for promising one price and delivering another, because the terms and conditions said that … Continue reading

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possible internet, eBay sales into US insufficient for jurisdiction

Gibson Brands Inc. v. Viacom Intern. Inc., 2013 WL 5940826, No. CV 12–10870 (C.D. Cal. Nov. 5, 2013) Gibson sued Viacom and JHS over a ukulele bearing the image of SpongeBob Squarepants formed in a V shape that allegedly infringed … Continue reading

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