Monthly Archives: January 2014

changing goodwill signalled by mark isn’t infringement

Posted on January 21, 2014 by rtushnet

Purdum v. Wolfe, No. C–13–04816, 2014 WL 171546 (N.D. Cal. Jan. 15, 2014) Kickstarter infringement dispute, which as a side note raises interesting questions of responsibility for third-party structuring of tools.  Plaintiffs Barrett Purdum, Michael Armenta, and Michael Maher are … Continue reading →

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No records, no class action against Chipotle

Posted on January 21, 2014 by rtushnet

Hernandez v. Chipotle Mexican Grill, Inc., 12-cv-05543 (C.D. Cal. Dec. 2, 2013) The court rejected a proposed class action based on Chipotle’s alleged practice of serving conventionally raised meats on occasions when “naturally raised” meats were not available, though it … Continue reading →

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falsely claiming continued TM ownership leads to liability

Posted on January 21, 2014 by rtushnet

C=HOLDINGS B.V. v. Asiarim Corp., 2013 WL 6987165, No. 12 Civ. 928 (S.D.N.Y. Dec. 16, 2013) C= sued Asiarim for infringement of Commodore trademarks (“a brand long associated with the 8–bit gaming computer popular in the early 1980s”) and related … Continue reading →

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

Product placement labeled news attracts NAD’s condemnation

Posted on January 21, 2014 by rtushnet

American Media, Inc. (Shape Water Boosters), NAD Case #5665 (Dec. 18, 2013) NAD brought this case itself.  NYT article on the case, of note given the NYT’s own foray into “native advertising.”  An article in Shape magazine, and on its … Continue reading →

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Reading list: Fagundes on market harm in the fair use test

Posted on January 21, 2014 by rtushnet

David Fagundes, Market Harm, Market Help, and Fair Use (forthcoming 2014) Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all … Continue reading →

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there’s no transformation but what we make for ourselves

Posted on January 21, 2014 by rtushnet

Transformative work of the month, at least! Terminator 2, retold using only lines from Shakespeare. Via FC. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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World Without Privacy Wrapup

Posted on January 17, 2014 by rtushnet

Overview and Commentary Ronald Krotoszynski, John S. Stone Chairholder of Law, The University of Alabama Moderator:      Montré Carodine, Associate Professor of Law, The University of Alabama Krotoszynski: potential virtues of a comparative law perspective.  All of the papers reflect … Continue reading →

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World Without Privacy 4

Posted on January 17, 2014 by rtushnet

Session IV: Enough About Me: Why Privacy is About Power, Not Consent or Harm Lisa M. Austin, Associate Professor, University of Toronto Faculty of Law Consent is often seen as the heart and soul of models of privacy protection. These … Continue reading →

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World Without Privacy 3

Posted on January 17, 2014 by rtushnet

Session III: Four Privacy Myths Neil Richards, Professor of Law, Washington University (1)   Privacy is dead. 1970: Newsweek cover story: Is privacy dead?  People have been declaring privacy dead for a while.  Privacy law is booming, as is debate on … Continue reading →

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OTW participates in Copyright Week

Posted on January 17, 2014 by rtushnet

Here we are talking about fair use! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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