Monthly Archives: December 2013

Domain names in the news: political scandal edition

Posted on December 18, 2013 by

Christie Official At Center Of Probe Bought Domain Names Of Governor’s Political Opponents, via Firedoglake.  ACPA problem? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

The ASA and ads for offensive products

Posted on December 18, 2013 by

The UK’s Advertising Standards Authority would seem to have a particular remit: advertising.  A recent adjudication, however, suggests that the ASA will go beyond that, at least online.  Zazzle Inc, No. A13-247896, involved a complaint that Zazzle’s offering of a … Continue reading →

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"Natural" plus green imagery not puffery for diapers and wipes

Posted on December 17, 2013 by

Jou v. Kimberly-Clark Corp., No. C-13-03075, 2013 WL 6491158 (N.D. Cal. Dec. 10, 2013) (magistrate judge) Plaintiffs brought the usual California claims and claims under Wisconsin law based on the “green” marketing of Huggies “pure & natural” diapers and “Natural … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

FCC regulation doesn’t preempt action against wireless router ads

Posted on December 17, 2013 by

Netgear, Inc. v. ASUSTeK Computer, Inc., No. C 13-3405, 2013 WL 6512700 (N.D. Cal. Dec. 12, 2013) Netgear sued defendants, whom I’m going to call ASUS, alleging claims for false advertising/unfair competition, tortious interference, and violations of the Sherman Act.  … Continue reading →

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The TPP and termination rights

Posted on December 17, 2013 by

The TPP’s Attack on Termination Rights?  Provocative post on EFF’s blog.  Of course we will be told that the TPP doesn’t require changes in domestic law (it just bars many improvements, something that ought to be notable given that Washington … Continue reading →

Posted in contracts, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Descriptive or nominative?

Posted on December 17, 2013 by

I like clever ads that play both on trademark and non-trademark meaning, but I always wonder if our defenses are sufficient to accommodate them: I saw no indication on the ad that Walmart sought permission for this use of “Apples” … Continue reading →

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plaintiff not enough of a competitor to win false marking claim

Posted on December 16, 2013 by

Sukumar v. Nautilus, Inc., No. 7:11–cv–00218, 2013 WL 6408351 (W.D. Va. Dec. 6, 2013) Previousdiscussion.  The court goes through a lot of facts and effort here to confirm that the AIA made false marking claims essentially impossible to win, and … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment