Monthly Archives: March 2015

Transformative work of the day, animal edition

Posted on March 10, 2015 by rtushnet

Hairy Otter, from an eagle-eyed (or is that otter-eyed) reader. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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None but Bob Marley’s heirs can free our minds

Posted on March 9, 2015 by rtushnet

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., — F.3d —-, 2015 WL 728031, No. 12–17502 (9th Cir. Feb. 20, 2015)   Despite being a plaintiff victory, there’s a fair amount in here that might hearten opponents of a generalized … Continue reading →

Posted in right of publicity, surveys, trademark | Leave a comment

Transformative use of the day, crossover edition

Posted on March 9, 2015 by rtushnet

Trust me, these are the droids you’re looking for. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Violating taxi regulations isn’t unfair competition in Pa.

Posted on March 9, 2015 by rtushnet

Checker Cab Philadelphia, Inc. v. Uber Technologies, Inc., 2015 WL 966284, No. 14–7265 (E.D. Pa. Mar. 3, 2015)   Plaintiffs, taxi companies and their dispatch company, sought to enjoin Uber from operating an allegedly illegal taxi operation in Philadelphia; the … Continue reading →

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You come at the queen, you best not miss: Oprah wins Own Your Power suit

Posted on March 6, 2015 by rtushnet

Kelly-Brown v. Winfrey, No. 11 cv 7875 (S.D.N.Y. Mar. 5. 2015)   Kelly-Brown and her company, Own Your Power Communications, Inc., sued Oprah Winfrey and related defendants, alleging that they unlawfully used plaintiffs’ “Own Your Power” trademark on the cover … Continue reading →

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Transformative use of the day, Vancouver edition

Posted on March 6, 2015 by rtushnet

Via an eagle-eyed friend. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Focus, Grasshopper: infringement isn’t false advertising

Posted on March 6, 2015 by rtushnet

Grasshopper Motorcycles, Ltd. v. Rivera, No. 14–cv–320, 2015 WL 853564 (W.D. Wis. Feb. 26, 2015) (magistrate judge)   Grasshopper sells a moon-shaped backrest designed to be attached behind the driver’s seat of a motorcycle. “Its 2013 sales were approximately $333,000, … Continue reading →

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PTO descriptiveness finding inadmissible where court ruled mark suggestive

Posted on March 6, 2015 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2015 WL 871137, No. 08–11867 (E.D. Mich. Feb. 27, 2015)   Various evidentiary rulings in the latest round of this trademark/false advertising case over energy shots, the first of which presages what I expect … Continue reading →

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

Irreparable harm webinar tomorrow

Posted on March 5, 2015 by rtushnet

Please click on the link below to register for a timely lunchtime teleseminar where our panel of experts will address the status of “irreparable harm” in Lanham Act false advertising cases.   Recent cases have suggested that courts no longer … Continue reading →

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

UK ad regulator finds Israel falsely advertised

Posted on March 4, 2015 by rtushnet

By implying that the Old City of Jerusalem was recognized as being in Israel, rather than in occupied Palestinian territories.  File under: having the First Amendment makes the US very different. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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