Monthly Archives: March 2014

The lost rights of Oz?

Posted on March 4, 2014 by rtushnet

We know from X One X that putting public domain images on a red sequined shoe would infringe Warner’s character copyright in movie Dorothy Gale.  How about this picture?  Any trademark issues? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Price claims are puffery, but fake Facebook page could be actionable

Posted on March 4, 2014 by rtushnet

Imagine Medispa, LLC v. Transformations, Inc., 2014 WL 770810, No. 2:13–26923 (S.D. W. Va. Feb. 26, 2014) The parties compete in the medical weight-loss and skin care industry, in overlapping geographic areas. Plaintiff David Rubio owns Imagine. Plaintiffs alleged that … Continue reading →

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OTW copyright consultation comments

Posted on March 4, 2014 by rtushnet

The Organization for Transformative Works submits comments to the EC in response to its copyright consultation. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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no Lanham Act standing for misrepresentation by seller to buyer

Posted on March 3, 2014 by rtushnet

Nature’s Products, Inc. v. Natrol, Inc., 2013 WL 7738172, No. 11–62409 (S.D. Fla. Oct. 7, 2013) The parties had business dealings from the late 1990s through 2011. In 2001, they executed an open-ended indemnity agreement applying to any products Natrol … Continue reading →

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Lance Armstrong has a rare good day: consumer protection claims dismissed

Posted on March 3, 2014 by rtushnet

Martin v. FRS Company, No. CV-13-01456 (C.D. Cal. Feb. 25, 2014) FRS makes energy and sports drinks and related goods. Lance Armstrong was an equity owner and brand ambassador for FRS who participated in FRS’s marketing and ad strategy. Martin … Continue reading →

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

FTC successfully imposes individual liability on high-level employee

Posted on March 3, 2014 by rtushnet

Federal Trade Commission v. Ross, 2014 WL 703739, No. 12-2340 (4th Cir. Feb. 25, 2014) The hits (by which I mean FTC victories) just keep on coming. Here, the FTC sued Innovative Marketing and several of its high-level executives and … Continue reading →

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The dangers of monetizing a Twitter feed

Posted on March 3, 2014 by rtushnet

I’ve seen commentary about how this article on the successful monetization of photostream Twitter accounts by a company called Kulfoto ignores that the copyright situation of the photos it shares seems to be … unclear at best  However, I was … Continue reading →

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Violence and African-American patenting

Posted on March 3, 2014 by rtushnet

Lisa D. Cook, Violence and Economic Activity: Evidence from African American Patents, 1870 to 1940.  How do inventors respond to evidence that the government isn’t interested in helping them?  Abstract: Recent studies have examined the effect of political conflict and … Continue reading →

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false comparative ads lead to profit disgorgement

Posted on March 3, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 10–cv–01398, 2014 WL 788015 (D. Colo. Feb. 27, 2014) The Rule 59(e) motion to amend judgment in this false advertising case was denied for want of clear error. The parties, General Steel … Continue reading →

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Trademark Scholars’ Roundtable part 3

Posted on March 1, 2014 by rtushnet

Session 3: Comparing The Two Dimensions Discussant:  Mark McKenna Why is it difficult to stick to product/geographic markets as a topic? Both dimensions have consumer-facing concerns (how will consumers actually understand the uses in different markets) and other considerations (practical … Continue reading →

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