Monthly Archives: September 2014

internet regulation event in DC

Posted on September 10, 2014 by rtushnet

Internet Regulation in 2020 Keck Center, Room 100 * Washington, D.C. * October 17, 2014 Space is limited; register now at http://law.duke.edu/innovationpolicy/internetregulation/ 8:00am            Registration 8:30am            Welcome and Introduction Stuart Benjamin, Douglas B. Maggs Professor of Law and Faculty Co-Director, Center for Innovation Policy, … Continue reading →

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Eyes on the fair use prize: TV news clip service is fair

Posted on September 10, 2014 by rtushnet

Fox News Network, LLC v. TVEyes, Inc, No. 13 Civ. 5315 (S.D.N.Y. Sept. 9, 2014) See if you can tell how this case will come out from reading a chunk of the first sentence: TVEyes “monitors and records all content … Continue reading →

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"German Quality" could mislead as to German origin

Posted on September 9, 2014 by rtushnet

Marty v. Anheuser-Busch Companies, LLC, — F. Supp. 2d —-, 2014 WL 4388415, No. 13–23656 (S.D. Fla. Sept. 5, 2014) (magistrate judge) AB brews Beck’s Beer, which originated from and was brewed in Germany from 1873 until 2012 when AB … Continue reading →

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Jotwell post: Seeing Like a Copyright Lawyer

Posted on September 9, 2014 by rtushnet

My review of Shyamkrishna Balganesh, Irina D. Manta, & Tess Wilkinson‐Ryan, Judging Similarity, 100 Iowa L. Rev. (forthcoming 2014). Kate Klonick, Comparing Apples to Applejacks: Cognitive Science Concepts of Similarity Judgment and Derivative Works, 64 J. Copyright Soc’y USA 365 … Continue reading →

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Careers in Copyright event in DC

Posted on September 8, 2014 by rtushnet

Careers in Copyright: A Panel Discussion and Networking Reception The Washington, DC Chapter of the Copyright Society of the United States will be holding a copyright career panel and networking event, on September 18, 2014 from 6pm to 8:30 pm … Continue reading →

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transformative work of the day, football edition

Posted on September 8, 2014 by rtushnet

Also Jenny Holzer edition.  (Images from the EA maddengiferator, so perhaps all the real issues are on the Holzer side.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Reasonable psychologist would treat "must pay" dues as mandatory

Posted on September 8, 2014 by rtushnet

In re APA Assessment Fee Litigation, — F.3d —-, 2014 WL 4377770, No. 13–7032 (Sept. 5, 2014) The American Psychological Association (APA) is a national nonprofit organization representing clinical, research, and academic psychologists.  Members pay annual fees billed on a … Continue reading →

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

trade dress must be visual; Octane Fitness applies to Lanham Act

Posted on September 8, 2014 by rtushnet

Fair Wind Sailing, Inc. v. Dempster, Nos. 13-3305 & 14-1572, — F.3d – (3d Cir. Sept. 4, 2014) Fair Wind, a sailing school, sued Virgin Island Sailing School (VISS) and its co-founder Scott Dempster, alleging trade dress infringement and unjust … Continue reading →

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Avis tries harder–to obscure extra fees

Posted on September 4, 2014 by rtushnet

Schwartz v. Avis Rent A Car System, LLC, 2014 WL 4272018, No. 11–4052 (D.N.J. Aug. 28, 2014) I’m blogging this case because of its discussion of the use of consumer perception experts in class actions, which seems to be on … Continue reading →

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Wells Fargo can’t show irreparable harm from lost control of goodwill

Posted on September 4, 2014 by rtushnet

A great example of why trademark owners are nervous about facing eBay. Wells Fargo and Co. v. ABD Insurance and Financial Services, Inc., 2014 WL 4312021, No. C 12–3856  (N.D. Cal. Aug. 28, 2014) The district court previously denied Wells … Continue reading →

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