Monthly Archives: December 2013

Domain names in the news: political scandal edition

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

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

Posted in advertising | Leave a comment

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

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

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

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

The TPP and termination rights

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?

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

Posted in trademark | Leave a comment

plaintiff not enough of a competitor to win false marking claim

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