Monthly Archives: December 2013

PTO/NTIA hearing: first sale

The First Sale Doctrine in the Digital Age Moderator: Karyn Temple Claggett, Associate Register of Copyrights and Director of Policy & International Affairs, United States Copyright Office Previous Copyright Office study concluded that first sale only covers distribution and thus … Continue reading


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PTO/NTIA Green Paper Hearing, statutory damages

Department of Commerce Public Meeting: Copyright Policy, Creativity, and Innovation in the Digital Economy United States Patent and Trademark Office – Madison Auditorium Live webcast available at: The Appropriate Calibration of Statutory Damages: Individual File Sharers and Secondary Liability … Continue reading

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Trademark twofer

Kettler Capitals Iceplex ad, courtesy of Zach Schrag: After Charbucks, is the Kettler Klassic dilutive?

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A story about creativity and standing on the shoulders of midgets

From Dave Freeman, via Simon de la Rouviere: Let me tell you a little story about innovation and creativity. Years ago, I worked on a wiki-based project to find the first instance of ideas/techniques in video games (like the first … Continue reading

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Briefly noted: consumers challenging express substantiation claims

McCrary v. Elations Co., No. EDCV 13–0242, 2013 WL 6403073 (C.D. Cal. July 12, 2013) While rejecting claims based on defendant’s supplement’s general ad claims to support joint health and the like, the court allows McCrary to challenge the explicit … Continue reading

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Uber’s "tips included" claims lead to driver lawsuit

O’Connor v. Uber Technologies, Inc., 2013 WL 6354534, No. C-13-3826 EMC (N.D. Cal. Dec. 5, 2013) Plaintiffs sued Uber on behalf of a putative nationwide class of drivers for Uber, alleging, among other things, that Uber falsely represents to customers … Continue reading

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Trader Joe’s versus HT Traders from Harris Teeter

// Is this evidence of confusion?

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TM infringement no matter how dissimilar the marks?

Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., No. C 13–0575, 2013 WL 6354244 (N.D. Cal. Dec. 5, 2013) Sometimes I think Iqbal/Twomblyis for people who don’t own trademarks.  Here, Kirby Morgan sought to amend its counterclaims for trademark … Continue reading

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Learned intermediary doctrine doesn’t bar claim at pleading stage

Saavedra v. Eli Lilly and Co., 2013 WL 6345442, No. 2:12–cv–9366 (C.D. Cal. Feb. 26, 2013) Plaintiffs brought a putative class action under the consumer protection laws of California, Massachusetts, Missouri, and New York, and Saavedra also brought individual causes … Continue reading

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Get used to disappointment

“My Princess Bride” play halted after lawsuit threat.  As Zach Schrag said, you have a real choice of witty headlines here, though I might also vote for “copyright law is pain, highness; anyone who says differently is selling something.”

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