Monthly Archives: April 2015

DC Comics thinks derivative works are creator-less

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. from Blogger http://ift.tt/1zqOnYb

Posted in Uncategorized | Tagged , | Leave a comment

DC Comics thinks derivative works are creator-less

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

The dangers of only arguing one half of 43(a)

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

The dangers of only arguing one half of 43(a)

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, procedure, right of publicity | Leave a comment

briefly noted: another court rejects proof of purchase requirement for class ascertainability

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. from Blogger … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Court makes the write choice on descriptive fair use

Marketquest Group, Inc. v. BIC Corp., No. 11-cv-618 BAS (S.D. Cal. Apr. 17, 2015)   Marketquest website using All In One and The Write Choice marks Marketquest sued BIC for infringing its registrations for ALL-IN-ONE and THE WRITE CHOICE for, … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

briefly noted: another court rejects proof of purchase requirement for class ascertainability

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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