Monthly Archives: March 2015

Reading list: descriptive and suggestive TMs

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

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A legitimate affiliation confusion claim?

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

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Fair use quote of the day

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

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The cartoonist has no idea how fair use works

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

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Reading list: Campbell at 21/Sony at 31

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

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Wannabe competitor lacks standing to challenge false advertising

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

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

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

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Farley and Tsai on the Redskins trademark

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

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Bad 230 ruling for LivingSocial

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

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The market for lemon smoothies: injunctive class settlement certified

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

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