Monthly Archives: January 2014

UK Court of Appeals rejects survey evidence in TM case, again

Marks & Clerk report on this latest instance, noting the effect of deprecating surveys on limiting the costs of litigation, which is extremely important in a loser-pays system.  High court opinion in Zee v. Zeebox; IPKat discussion of appeal; I haven’t … Continue reading

Posted in surveys, trademark | Leave a comment

House fair use hearing

Hearing on Fair Use, House Judiciary Committee Subcommittee on Internet/IP Rep. Coble (subcommittee chair): Fair use is important.  North Carolina universities rely on copyright law and on fair use.  Fair use’s strength is its ambiguity/freedom for courts, but also its … Continue reading

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

Fair use hearing testimony available

House website here.  Written testimony from June Besek (fair use is too big, especially with respect to Google), Peter Jaszi (no, it’s not), David Lowery (music remixes and sampling etc. aren’t fair use; licensing is perfect),  Naomi Novik (transformative works are great and need protection; … Continue reading

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

TM claims in DMCA notice may lead to 512(f) liability

CrossFit, Inc. v. Alvies, No. 13–3771, 2014 WL 251760 (N.D. Cal. Jan. 22, 2014) CrossFit sued Alvies for trademark infringement, among other things, and Alvies counterclaimed for false advertising/unfair competition.  CrossFit moved to dismiss the counterclaims and partially succeeded.  CrossFit … Continue reading

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

Mastercard v. Nader updated

Seen in Arlington, VA, Jan. 2014: Photo by Zachary Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

Congressional hearing on the scope of fair use

Coming Tuesday to a streaming website near you. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

unfair competition in the news

The facts described in this article about Uber’s alleged attempt to crush competitor Gett by booking and then cancelling rides seem like a pretty good candidate for application of the general unfair competition tort.  Hypo of the day: what causes … Continue reading

Posted in unfairness | Leave a comment