Monthly Archives: June 2015

Thought for (pet) food: false advertising claims continue

Posted on June 19, 2015 by rtushnet

Blue Buffalo Company Ltd. v. Nestlé Purina Petcare Co., No. 15 CV 384, 2015 WL 3645262 (E.D. Mo. June 10, 2015)   Blue Buffalo sued Purina for false advertising ten of its pet food products under the Lanham Act, the … Continue reading →

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Thought for (pet) food: false advertising claims continue

Posted on June 19, 2015 by rtushnet

Blue Buffalo Company Ltd. v. Nestlé Purina Petcare Co., No. 15 CV 384, 2015 WL 3645262 (E.D. Mo. June 10, 2015)   Blue Buffalo sued Purina for false advertising ten of its pet food products under the Lanham Act, the … Continue reading →

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Court throws shade on TM claimant’s naked licensing

Posted on June 18, 2015 by rtushnet

Amscan Inc. v. Shutter Shades, Inc., No. 13-CV-1112 (S.D.N.Y. Apr. 30, 3015)   Plaintiff Party City is a party goods retailer, and plaintiff Amscan makes party goods that it distributes to many retail outlets, including Party City.  Defendant Shutter Shades … Continue reading →

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Court throws shade on TM claimant’s naked licensing

Posted on June 18, 2015 by rtushnet

Amscan Inc. v. Shutter Shades, Inc., No. 13-CV-1112 (S.D.N.Y. Apr. 30, 3015)   Plaintiff Party City is a party goods retailer, and plaintiff Amscan makes party goods that it distributes to many retail outlets, including Party City.  Defendant Shutter Shades … Continue reading →

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All that is solid melts into air: photog loses claim against Nike Jordan photo and logo

Posted on June 18, 2015 by rtushnet

Rentmeester v. Nike, Inc., No. 3:15-cv-00113 (D. Ore. Jun. 15, 2015)   Rentmeester shot a photo of then-North Carolina student Michael Jordan for a 1984 issue of LIFE magazine.  Instead of a conventional gym shot, Rentmeester photographed Jordon outdoors, “on … Continue reading →

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All that is solid melts into air: photog loses claim against Nike Jordan photo and logo

Posted on June 18, 2015 by rtushnet

Rentmeester v. Nike, Inc., No. 3:15-cv-00113 (D. Ore. Jun. 15, 2015)   Rentmeester shot a photo of then-North Carolina student Michael Jordan for a 1984 issue of LIFE magazine.  Instead of a conventional gym shot, Rentmeester photographed Jordon outdoors, “on … Continue reading →

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Amicus brief in Slep-Tone about scope of Dastar

Posted on June 18, 2015 by rtushnet

Belatedly, I also participated in this amicus brief in Slep-Tone v. Canton Phoenix, now on appeal in the 9th Circuit, about an attempt to make an end run around lack of copyright ownership to assert trademark claims instead.  Thanks to … Continue reading →

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Amicus brief in Slep-Tone about scope of Dastar

Posted on June 18, 2015 by rtushnet

Belatedly, I also participated in this amicus brief in Slep-Tone v. Canton Phoenix, now on appeal in the 9th Circuit, about an attempt to make an end run around lack of copyright ownership to assert trademark claims instead.  Thanks to … Continue reading →

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Amicus brief in TVEyes fair use case

Posted on June 18, 2015 by rtushnet

Chris Sprigman and I have written an amicus brief on behalf of certain IP professors in the Fox v. TVEyes case, in which the court is now considering several features of the TVEyes service as to which it reserved judgment … Continue reading →

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Amicus brief in TVEyes fair use case

Posted on June 18, 2015 by rtushnet

Chris Sprigman and I have written an amicus brief on behalf of certain IP professors in the Fox v. TVEyes case, in which the court is now considering several features of the TVEyes service as to which it reserved judgment … Continue reading →

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