Monthly Archives: September 2014

Stay away from Juliet: keyword infringement and dilution case continues

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I, LLC, No. 08-CV-442, 2014 BL 263647 (S.D.N.Y. Sept. 23, 2014) A keyword case gets past the pleading stage (though the worst part is the dilution ruling).  The parties compete in … Continue reading

Posted in defamation, dilution,, trademark | Leave a comment

Reading list: is efficiency all there is in copyright?

Oren Bracha and Talha Syed, Beyond Efficiency: Consequence-Sensitive Theories of Copyright, 29 Berkeley Tech. L.J. (2014). The article’s argument is complicated and I would disserve it by trying to summarize, but a core point is that, to the extent that … Continue reading

Posted in, reading list | Leave a comment

selling a book without authorization doesn’t violate Lanham Act

Smith v., LLC, No. 1:12-cv-04374, 2014 BL 263099 (S.D.N.Y. Sept. 23, 2014) Smith wrote a book, Hardscrabble. He contracted with Smashwords, an online ebook distributor, to sell his book. Smashwords distributed Smith’s book to its retail partners, including B&N, … Continue reading

Posted in dastar,, secondary liability, trademark | Leave a comment

Allegedly false inventorship/ownership claim could be false advertising

Parallel Synthesis Technologies, Inc. v. DeRisi, 2014 WL 4748611, No. 5:13-cv-05968 (N.D. Cal. Sept. 23, 2014) (magistrate judge) Plaintiff Parallel, allegedly “seduced by the potential for a long-term partnership,” shared its proprietary Parallume assay with DeRisi, a professor of biochemistry … Continue reading

Posted in dastar,, standing | Leave a comment

Count the circuit splits in this nonfamous foreign marks case

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2014 WL 4759945,  No. 11–1623 (D.D.C. Sept. 25, 2014) For different versions of the background story, you can see this Wharton article (which confuses trademark and copyright, and favors … Continue reading

Posted in dilution,, trademark | Leave a comment

Bend it like Apple

Via firstmemes, consider the extent to which (1) a reference to a famous mark can be indirect and still trigger dilution law; (2) the tweets from competitors are explicitly protected by federal dilution law’s exemption for comparative advertising, but the … Continue reading

Posted in dilution, trademark | Leave a comment

litigation grab bag includes another nail in IIC coffin

EarthCam, Inc. v. OxBlue Corp., 2014 WL 4702200, No. 1:11–cv–02278 (N.D. Ga. Sept. 22, 2014) Mostly a trade secret case where EarthCam alleged that every scrap of information about it was a trade secret.  The parties compete in the market … Continue reading

Posted in cfaa, copyright,, trade secrets, trademark | Leave a comment

serial infringement may justify liability under Tiffany v. eBay

Mori Lee, LLC v. Sears Holdings Corp., 2014 WL 4680739, No. 13cv3656 (S.D.N.Y. Sept. 8, 2014) Mori Lee, a dressmaker, sued Sears for trademark infringement and unfair competition.  In 2010, Sears opened an online marketplace at where third-party merchants … Continue reading

Posted in, secondary liability, trademark | Leave a comment

Advertising dysfunction: claim against male sexual enhancement pill proceeds

Dorsey v. Rockhard Laboratories, LLC, 2014 WL 4678969, No. CV 13–07557 (C.D. Cal. Sept. 19, 2014)   Dorsey sued over Rockhard Weekend (RHW), “a male sexual enhancement product,” primarily promoted by labeling on the packaging. The chemical formulation and packaging … Continue reading

Posted in california, consumer protection, | Leave a comment

Paid spokesperson engaged in "advertising or promotion" for Lanham Act purposes

Underground Solutions, Inc. v. Palermo, 2014 WL 4703925, No. 13 C 8407  (N.D. Ill. Sept. 22, 2014)   UGSI sued Palermo for trade libel, interference with prospective economic advantage, interference with contract, false advertising under the Lanham Act, and violation … Continue reading

Posted in defamation,, tortious interference | Leave a comment