Monthly Archives: January 2015

Trademark overreach of the day: ICE says "Yankees Suck" infringes

Posted on January 31, 2015 by rtushnet

Your tax dollars at work, protecting America from infringing merchandise: I don’t have much brief for protecting counterfeits, but I find it hard to believe this is the best use of public resources: “Gross misspellings of superstars’ names are one … Continue reading →

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Dastar-barred claim survives both as false advertising and false designation

Posted on January 30, 2015 by rtushnet

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014)   AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and … Continue reading →

Posted in dastar, http://schemas.google.com/blogger/2008/kind#post, tortious interference, trade secrets | Leave a comment

DC rejects POM’s FTC challenge

Posted on January 30, 2015 by rtushnet

Via the Consumer Law & Policy Blog.  I must digest both lunch and this ruling, but I will definitely have more to say soon. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

false advertising claim based on "innovative/unique" survives

Posted on January 30, 2015 by rtushnet

Ferris Mfg. Corp. v. Carr, No. 14 C 04663, 2015 WL 279355 (N.D. Ill. Jan. 21, 2015)   Ferris sued Roy Carr and Curaline. Ferris makes various wound care products, allegedly award-winning and covered by several patents.  Carr was formerly … Continue reading →

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consumer survey on patent value admissible despite serious flaws

Posted on January 30, 2015 by rtushnet

Sentius Int’l, LLC v. Microsoft Corp., No. 5:13-cv-00825, 2015 WL 331939 (N.D. Cal. Jan. 23, 2015) (magistrate judge)   A little different today: this is a survey in a patent case trying to determine the value of a patented feature … Continue reading →

Posted in patent, surveys | Leave a comment

False PAC advertising?

Posted on January 28, 2015 by rtushnet

This detailed Politico story suggests that there’s a fraudulent misrepresentation problem, but that the FEC can’t do much about it. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Distributor’s TM registration blocks manufacturer’s claim

Posted on January 26, 2015 by rtushnet

Mighty Enterprises, Inc. v. She Hong Indus. Co. Ltd., 2015 WL 276771, No. 2:14–cv–06516 (C.D. Cal. Jan. 22, 2015)   Mighty distributes and services heavy machinery. She Hong makes heavy machinery under the name “Hartford.” Mighty sued She Hong for … Continue reading →

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

No standing for injunction-only class

Posted on January 26, 2015 by rtushnet

Graiser v. Visionworks of America, 2015 WL 248003, No. 1:14–CV–01641 (N.D. Ohio Jan. 20, 2015)   Graiser sought an injunction on behalf of a putative class based on his false advertising claims, which alleged that Visionworks’s buy one get one … Continue reading →

Posted in class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, remedies, standing | Leave a comment

Mapping the law prof twitterverse

Posted on January 26, 2015 by rtushnet

Ryan Whalen maps the law prof Twitterverse.  My eccentricity turns out to be 4.0.  I’m not sure what that means, but based on the name, I probably would have guessed higher. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative use of the day: Washington’s football team edition

Posted on January 23, 2015 by rtushnet

This ad uses footage of Washington’s team to make the point that its racially inflammatory name and mascot are unnecessary.  Consider the TM and copyright implications! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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