-
Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
Recent Comments
Archives
- January 2026
- December 2025
- November 2025
- October 2025
- September 2025
- August 2025
- July 2025
- June 2025
- May 2025
- April 2025
- March 2025
- February 2025
- January 2025
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
Monthly Archives: September 2015
AU, Copyright Advocacy and Fair Use Education 1995-2015
Public Interest Copyright Advocacy and Fair Use Education 1995-2015 This event celebrates significant anniversaries of two initiatives that were launched at AUWCL – the 20th anniversary of the founding of the Digital Future Coalition, the first broad-based civil society … Continue reading
New article on self-publishing, with Eric Goldman
Eric Goldman and I have written Self-Publishing an Electronic Casebook Benefited Our Readers–And Us, in the Washington Journal of Law, Technology & Arts. from Blogger http://ift.tt/1KTXYvt
Delicious and scandalous?
I just came across Pinches Tacos, a restaurant that sounds yummy. When registering its mark, the company represented that the translation was “kitchen boys.” According to the internet … not so much, for speakers of Mexican Spanish. Scandalous? from Blogger … Continue reading
Journal of Patent & Trademark Office Society’s Mid-Atlantic student writing competition
As the oldest publishing intellectual property law journal in America, the Journal of Patent & Trademark Office Society (JPTOS) provides a forum dedicated to the discussion of legal and technical subjects related to patent, trademark, and copyright laws. JPTOS boasts … Continue reading
Event tomorrow on Public Interest Copyright Advocacy and Fair Use Education 1995-2015
Event 1:00pm-5:30pm; Reception 5:30-7:00pm Room 603 – American University Washington College of Law, 4801 Massachusetts Ave NW http://ift.tt/1Lhnnht This event celebrates significant anniversaries of two initiatives that were launched at AUWCL – the 20th anniversary of the founding of the … Continue reading
Lochner in genespace?
Here’s an argument that the First Amendment protects the ability to engage in genetic engineering. (Title reference.) from Blogger http://ift.tt/1NCS9D3
Carry on dancing: Lenz v. Universal
Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107 (9th Cir. Sept. 14, 2015) The OTW amicus brief gets a shoutout! Stephanie Lenz sued under 17 U.S.C. § 512(f), alleging that Universal misrepresented in a takedown notification that her 29-second … Continue reading
Posted in Uncategorized
Tagged Carry on dancing: Lenz v. Universal copyright, damages, dmca
Leave a comment
Descriptive and nominative fair use in China
I found this article by Samiko Sun of Kangxin Partners PC to be quite informative–it seems that China has adopted a US-style approach to trademark fair use. from Blogger http://ift.tt/1NCS5TP
Lanham Act doesn’t allow defendants to seek indemnity/contribution
Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 5226462 (E.D. Mo. Sept. 8, 2015) Third-party defendant Diversified Ingredients moved to dismiss Blue Buffalo’s claims against it, arising from an underlying action in which … Continue reading
PhD scholarship in Music Industries and Digital Platforms
Swinburne U (Australia) is offering a fully funded scholarship in Music Industries and Digital Platforms. More details at the link. from Blogger http://ift.tt/1KeWji0