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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
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
selling a book without authorization doesn’t violate Lanham Act
Smith v. BarnesandNoble.com, 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
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
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
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
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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
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 Sears.com where third-party merchants … Continue reading
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
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