Monthly Archives: January 2014

keyword purchase supports unfair competition verdict

Posted on January 13, 2014 by rtushnet

Chow v. Chak Yam Chau, — Fed.Appx. —-, 2014 WL 92094, No. 12–15994 (11th Cir. Jan. 10, 2014) Michael Chow credits himself with introducing “high-end Chinese cuisine in a fine dining setting to the west” through the “Mr Chow” restaurants … Continue reading →

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

time to shell out for an IP lawyer

Posted on January 13, 2014 by rtushnet

You can’t say Pom’s owners aren’t willing to pick a fight (or a fruit or nut). Also via Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

Hedging and bullying in trademark

Posted on January 13, 2014 by rtushnet

Chicago State University attempts to intimidate a faculty blog into not identifying itself properly, using trademark law as its bullying tool/justification.  This takes a turn for the silly as the university now objects to a picture of CSU hedges, trimmed … Continue reading →

Posted in trademark | Leave a comment

Cert granted in Pom Wonderful v. Coca-Cola

Posted on January 10, 2014 by rtushnet

Orders list here.  There were also some grants relating to some other minor IP issues.  Pom’s petition, with QP: “Whether the court of appeals erred in holding that a private party cannot bring a Lanham Act claim challenging a product … Continue reading →

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

Trademark strategy question of the day

Posted on January 10, 2014 by rtushnet

MLA Subconference is “an independent and evolving group of graduate students in the humanities who are interested in creating a new kind of conference environment, in order to propose alternative professional, social, and political possibilities for ourselves and our peers.” … Continue reading →

Posted in trademark | Leave a comment

Inability to determine who bought what dooms class certification

Posted on January 9, 2014 by rtushnet

Astiana v. Ben & Jerry’s Homemade, Inc., 2014 WL 60097, No. C 10-4387 (N.D. Cal. Jan. 7, 2014) The court denied certification to a proposed class who bought ice cream from Ben & Jerry’s that contained alkalized cocoa and were … Continue reading →

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

New piece: Henry Jenkins and fair use

Posted on January 9, 2014 by rtushnet

I wrote a short piece for a festschrift on Henry Jenkins’ Textual Poachers.  I think it might have my best title since Rules of Engagement.  “I’m a Lawyer, Not an Ethnographer, Jim”: Textual Poachers and Fair Use. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Olympic rectangles?

Posted on January 9, 2014 by rtushnet

Picture from nearby skating rink So, does the configuration of shirts sufficiently replicate the 5-ring symbol to trigger the protections found in US law? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

Appropriation art and sf book covers

Posted on January 9, 2014 by rtushnet

How a Science Fiction Book Cover Became a $5.7 Million Painting: Appropriation art that relies on expanding size, not shrinking compared to the original, for the claim of transformativeness.  E.g., from a program: “[The paintings] are unusual for Brown in … Continue reading →

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

Oracle suit against third party claiming to provide lawful software updates proceeds

Posted on January 8, 2014 by rtushnet

Oracle America, Inc. v. TERiX Computer Company, Inc., No. 13-cv-03385, 2014 WL 31344 (N.D. Cal. Jan. 3, 2014) Oracle sells hardware, software, and support and consulting services to maintain those.  But people also use third-party vendors for support, and here … Continue reading →

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