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

Posted in reading list, trademark | Leave a comment

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

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

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

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

The cartoonist has no idea how fair use works

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

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

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

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