Monthly Archives: October 2014

Empirical IP Research Conference: trademarks

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined.  Used to include “purchasers” but Congress deleted that phrase.  43(a)’s language is even broader.  Flexible and slippery. Panelists: Joel Steckel (NYU Stern … Continue reading

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Empirical IP Research Conference, NYU

Plenary Session: How Do Patents Affect Innovation? Facilitator: Katherine Strandburg (NYU) Longer history of empirical work in patent, but still difficulty answering basic question of effect on innovation. In 1958, economist Fritz Machlup famously concluded that “none of the empirical … Continue reading

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Organization for Transformative Works fundraising drive

Fandom makes wonderful things!  Help support our commitment to preserving and protecting noncommercial transformative works, including our forthcoming work on renewing the DMCA exemption for vidders! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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likely confusion is irreparable after eBay

CFE Racing Products, Inc. v. BMF Wheels, Inc., 2 F. Supp. 3d 1029 (E.D. Mich. 2014) The jury found trademark infringement but no damages and no intentional infringement.  What should happen with requested injunctive relief?  Here, the court finds irreparable … Continue reading

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The highs are too high: overdraft claims against HSBC continue in part

In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 1 F.Supp.3d 34 (E.D.N.Y. 2014) This case involves more of the charming practice of low-to-high charge posting, causing consumers to rack up numerous $35 overdraft charges in a single … Continue reading

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

Pleading standards for false advertising

Cocona, Inc. v. Singtex Industrial Co., 2014 WL 5072730, Civil Action 14-cv-01593 (D. Colo. Oct. 9, 2014) Cocona created a process to use coconut particles in fabric, which is used for outdoor gear, to enhance odor control, moisture absorption, and … Continue reading

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NFL Films protected by First Amendment against players’ right of publicity claims

Dryer v. National Football League, No. 09-2182 (D. Minn. Oct. 10, 2014) There are two alternatives when it comes to the right of publicity, it seems to me.  Either we will limp along with a special rule for video games … Continue reading

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post, preemption, right of publicity, trademark | Leave a comment

AU trademark works in progress day 2

Dan Hunter (with Irene Calboli), Trademark Proliferation Concerns about too many marks.  They’re extremely weak as a result.  It’s easy to get a descriptive mark on the primary register w/o secondary meaning.  Also: many “marks” don’t seem distinctive as to … Continue reading

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AU TM works in progress part 2

Cathay Smith, Immoral Trademarks Abusive challenges: Dykes on Bikes, Squeezebloodfromturnips.com (opposer was angry because he was getting calls from the collection agency that was the applicant); Adultfriendfinder (opposer was a pastor who objected that the applicant was connecting men with … Continue reading

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Preclusion lives even after Pom Wonderful

JHP Pharmaceuticals, LLC v. Hospira, Inc., 2014 WL 4988016, No. CV 13–07460 (C.D. Cal. Oct. 7, 2014) Pom Wonderful had a lot of broad language in it, and there is a pattern in which lower courts interpret Supreme Court Lanham … Continue reading

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