Monthly Archives: February 2015

Fair Use Week!

Posted on February 24, 2015 by rtushnet

The OTW supports Fair Use Week. And if you support fair use, why not support the OTW? Also, I enjoyed Laura Quilter’s post on the uses of parody. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Trademark/right of publicity questions of the day

Posted on February 23, 2015 by rtushnet

Via Mycokerewards: Do the referenced bands have any claims against Coke, assuming this was done without permission?  Does New Kids apply to a promotional site like Mycokerewards?  Do the comparisons/food jokes suffice for transformativeness? Coke’s “vote for your favorite food-inspired … Continue reading →

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False claims of third-party endorsement actionable as false advertising

Posted on February 19, 2015 by rtushnet

Fringe Insurance Benefits, Inc. v. Beneco, Inc., No. A–13–CV–034, 2015 WL 631181 (W.D. Tex. Feb. 11, 2015) (magistrate judge)   The parties compete to provide employee benefit plans; FIBI and Beneco specialize in fringe benefit services to government contractors who … Continue reading →

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Transformative work of the day, superhero edition

Posted on February 18, 2015 by rtushnet

Superhero keyboard skin, via Deborah Gerhardt.  There’s only one problem with it (hint: check out the W).  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Allegations of fake independent reviews state false advertising claim

Posted on February 18, 2015 by rtushnet

Swiss America Trading Corp. v. Regal Assets, LLC, 2015 WL 631569, No. CV 14–04960 (C.D. Cal. Feb. 13, 2015)   Swiss competes with Regal to sell precious metals.  The parties promote themselves online and rely on internet reviews and recommendations.  … Continue reading →

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Misappropriating goodwill of abandoned mark is false advertising

Posted on February 17, 2015 by rtushnet

ITEX Corp. v. Global Links Corp., No. 2:14–cv–00057, 2015 WL 557067 (D. Nev. Feb. 11, 2015)   A false advertising theory might not work in every case of a new entity adopting an abandoned mark, but it proved fruitful for … Continue reading →

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Fox hurts America yet again, losing fair use sj motion

Posted on February 13, 2015 by rtushnet

North Jersey Media Grp. Inc. v. Pirro, No. 13 Civ. 7153 (ER), 2015 BL 33458 (S.D.N.Y. Feb. 10, 2015)   Fair use should be nonpartisan; copyright restrictionists are generally liberal, but Fox deserves fair use too, even if it does … Continue reading →

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returned goods sold as new were infringing, false advertising

Posted on February 13, 2015 by rtushnet

RFA Brands, LLC v. Beauvais, No. 13–14615, 2014 WL 7780975 (E.D. Mich. Dec. 23, 2014)   Plaintiffs make various electronics and accessories, with various registered marks. They use the same warehouse to distribute their products, which is in Commerce Township, … Continue reading →

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New article on innovation in copyright licensing

Posted on February 13, 2015 by rtushnet

Rebecca Tushnet, All of this Has Happened Before and All of this Will Happen Again: Innovation in Copyright Licensing, Berkeley Technology Law Journal, Vol. 28, pp. 1447-1488, 2014   Abstract:      Claims that copyright licensing can substitute for fair use have … Continue reading →

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Allegations of trademark "theft" falsifiable; other epithets puffery

Posted on February 13, 2015 by rtushnet

Candyland, Inc. v. Cornfields, Inc., No. 14-3119 (D. Minn. Feb. 5, 2015)   Candyland, which sells popcorn, candy, and chocolate, sued Cornfields and Snyder’s Lance for trademark infringement and unfair competition based on their use of the mark Chicago Mix.  … Continue reading →

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