Monthly Archives: March 2015

Reading list: descriptive and suggestive TMs

Posted on March 31, 2015 by rtushnet

Jake Linford, The False Dichotomy Between Suggestive and Descriptive Trademarks. Abstract: Classifying a trademark as descriptive rather than suggestive fundamentally alters the scope of trademark protection. A descriptive mark, derived from a feature of the product or service sold, only … Continue reading →

Posted in reading list, trademark | Leave a comment

A legitimate affiliation confusion claim?

Posted on March 27, 2015 by rtushnet

Grubbs v. Sheakley Group, Inc., 2015 WL 1321126, No. 1:13cv246 (S.D. Ohio Mar. 18, 2015)   The court adopted the magistrate judge’s recommendations in this case, dismissing Lanham Act claims (and RICO claims) and declining to retain jurisdiction over state … Continue reading →

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

Fair use quote of the day

Posted on March 26, 2015 by rtushnet

Rigsby v. Erie Ins. Co., No. 14-cv-905 (W.D. Wis. Mar. 16, 2015): “It is difficult to imagine how it could not be fair use for an insurer to copy or distribute a photograph for the purpose of evaluating an insured’s … Continue reading →

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

The cartoonist has no idea how fair use works

Posted on March 26, 2015 by rtushnet

Story here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Reading list: Campbell at 21/Sony at 31

Posted on March 26, 2015 by rtushnet

Jessica Litman, Campbell at 21/Sony at 31. As you’d expect, insightful and a pleasure to read. Extracts:   When copyright lawyers gather to discuss fair use these days, the most common refrain is its alarming expansion. This distress about fair … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, reading list, secondary liability | Leave a comment

Wannabe competitor lacks standing to challenge false advertising

Posted on March 25, 2015 by rtushnet

Maine Springs, LLC v. Nestlé Waters North America, Inc., 2015 WL 1241571, No. 2:14–cv–00321 (D. Me. Mar. 18, 2015)   Maine Springs was founded seven years ago to start a bottled water operation in Poland Spring, Maine. Maine Springs owned … Continue reading →

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

post-POM claim based on false implication of FDA approval survives

Posted on March 25, 2015 by rtushnet

Par Sterile Products, LLC v. Fresenius Kabi USA LLC, 2015 WL 1263041, No. 14 C 3349 (N.D. Ill. Mar. 17, 2015)   Par’s vasopressin injection product, Vasostrict, is a FDA-approved pharmaceutical. Fresenius’s vasopressin injection product is not.  Vasopressin is a … Continue reading →

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

Farley and Tsai on the Redskins trademark

Posted on March 23, 2015 by rtushnet

At Prawfsblawg, Professors Christine Haight Farley and Robert Tsai analyze the First Amendment case against the Redskins cancellation, and conclude that 2(a) should survive scrutiny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in first amendment, trademark | Leave a comment

Bad 230 ruling for LivingSocial

Posted on March 23, 2015 by rtushnet

Faegin v. LivingSocial, Inc., 2015 WL 1198654, No. 14cv00418 (S.D. Cal. Mar. 16, 2015)   After losing its attempt to mandate arbitration, LivingSocial gets a terrible §230 ruling in this trademark infringement etc. case involving vouchers it sold.   The … Continue reading →

Posted in 230, dilution, trademark | Leave a comment

The market for lemon smoothies: injunctive class settlement certified

Posted on March 23, 2015 by rtushnet

Lilly v. Jamba Juice Co., 2015 WL 1248027, No. 13-cv-02998 (N.D. Cal. Mar. 18, 2015)   This preliminary approval for a settlement contains the most extensive analysis I’ve seen of the “deceived consumers do have standing for injunctive relief in … Continue reading →

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