Monthly Archives: July 2014

court says Lexmark doesn’t change trademark harm standard

Reynolds Consumer Prods. Inc. v. Handi-Foil Corp., No. 1:13–CV–214, 2014 WL 3615853 (E.D. Va. July 18, 2014) A jury found Handi-Foil liable for willful infringement of Reynolds’ unregistered trade dress, but in favor of Handi-Foil on all other accounts (including … Continue reading

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Yelp statements about its filters not protected by anti-SLAPP law or CDA

Demetriades v. Yelp, Inc., 2014 WL 3661491, No. B247151 (Cal. Ct. App. July 24, 2014) Demetriades operates restaurants and sued Yelp under California’s UCL and FAL based on claims about the accuracy and efficacy of its “filter” of unreliable or … Continue reading

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Transformative work of the day

Pando.com publishes an entire issue of Reason magazine that’s not available in Reason’s online archives “for reasons that will become obvious”–it’s an entire special issue devoted to WWII “revisionism” and Holocaust denial.  Talk to me about fair use factor three! … Continue reading

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Reading list: social media flagging

Kate Crawford and Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, 4 New Media Society (2014).  One of the points I most liked: [F]lags speak only in a narrow vocabulary of complaint. … Continue reading

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FTC announces settlement with "official" ticket seller that wasn’t

Details at the FTC’s site.  I was interested in this because usually the FTC leaves alone cases in which a business victim is a likely plaintiff; it makes sense to use government resources to go after defendants who otherwise would … Continue reading

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Trademark exceptionalism wins another round in Maryland

Hershey Co. v. Friends of Steve Hershey, 2014 WL 3571691, No. WDQ–14–1825 (D. Md. July 17, 2014) Thanks to prodding from Eric Goldman for me to blog about it, here’s a case where we learn that the only constraint on … Continue reading

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Pom doesn’t change preclusion analysis for medical devices

Catheter Connections, Inc. v. Ivera Medical Corp., 2014 WL 3536573, No. 2:14–CV–70 (D. Utah, July 17, 2014) The parties compete in the medical device market for infection-control devices.  At issue here are disinfectant caps incorporated into intravenous (IV) lines that … Continue reading

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