Monthly Archives: October 2015

Annotating competitor’s ad is fair use

Miller UK Ltd. v. Caterpillar Inc., No. 10-cv-03770 (N.D. Ill. Oct. 21, 2015)   Miller sued Caterpillar for breach of a contractual restriction on the use of Miller’s confidential information, for trade secret misappropriation, and for fraudulent inducement. Caterpillar counterclaimed … Continue reading

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Registration symposium at William & Mary, part 2

Rebecca Tushnet: And now for something different!  I’ve been asked to speak about the implications of the Pro-Football case and decisions made by the courts with regards to the trademark process and freedom of speech.  Thanks to Fred Schauer and … Continue reading

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Registration symposium at William & Mary, part 1

William & Mary Student Intellectual Property Society Symposium A Right  to Register: A discussion of First Amendment Implications of the Trademark Registration Process   Overview: Dean Laura Heymann, W&M Law: TMs reduce consumer search costs.  TMs don’t exist in the … Continue reading

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Trademark infringement on hang tags is covered advertising injury

E.S.Y., Inc. v. Scottsdale Ins. Co., 2015 WL 6164666, No. 15–21349–CIV (S.D. Fla. Oct. 14, 2015) Scottsdale insured ESY under a commercial general liability insurance policy, with coverage for advertising injury.  Exist, an apparel maker, later sued ESY for infringing … Continue reading

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General involvement in app production doesn’t defeat 230

Free Kick Master LLC v. Apple Inc., 2015 WL 6123058, No. 15-cv-03403 (N.D. Cal. Oct. 19, 2015)   Free Kick Master has a registration for “Free Kick Master,” and sued Apple, Google, and Samsung, alleging that they all offered downloads … Continue reading

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Back to the Future: 9th Cir. reverses itself in Multi Time Machine

Multi Time Machine, Inc. v. Amazon.com, Inc., No. 13-55575 (9th Cir. Oct. 21, 2015)   Reversing itself (with amicus advocacy from, among others, yours truly), the panel now by 2-1 holds that Amazon should have gotten summary judgment for its … Continue reading

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Hand in glove: ICE and trademark seizures

More tidbits from my FOIA suit against ICE, including the revelation that they did indeed record at least one seizure of disparaging items, “Baltimore sucks” T-shirts.  (Other entries are suggestive, but too unclear to be sure what was seized without … Continue reading

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