Monthly Archives: October 2015

A technicolor rainbow of a case: Lisa Frank sues craft company for selling crafts

Posted on October 15, 2015 by rtushnet

Lisa Frank, Inc. v. Orb Factory Ltd., No. 15-cv-00433 (D. Az. filed Sept. 16, 2015) Lisa Frank makes tchotchkes, supplies for kids, paper goods, and the like.  Lisa Frank’s claimed trade dress is   the combination of some or all … Continue reading →

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CFP: Intermediary liability

Posted on October 13, 2015 by rtushnet

Intermediary Liability: How to Kill Content on the Internet. Thanks to statutes like Section 230 of the Communications Decency Act and even the Digital Millennium Copyright Act, intermediaries in the United States are at least theoretically shielded from liability for … Continue reading →

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Right of publicity question of the day, Will Ferrell edition

Posted on October 13, 2015 by rtushnet

Here is a story about a Will Ferrell-themed bar.  Given New York’s very limited statutory right of publicity, and the fact that the menu items don’t seem to use the actor’s name, does the display of photos of him in the … Continue reading →

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CFP 2015: Internet content blocking by the ITC

Posted on October 13, 2015 by rtushnet

Computers, Freedom & Privacy Conference 2015 Internet Content Blocking by the U.S. International Trade Commission.   In April 2014, a little-known agency called the U.S. International Trade Commission handed itself power to block data on the Internet. Internet companies fear … Continue reading →

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Trademark question of the day, sperm donor edition

Posted on October 13, 2015 by rtushnet

From an eagle-eyed student, who also reports that one consequence of transferring from a well-regarded state school to an Ivy League school was the appearance of these ads on his Facebook wall. Dilution of Nike’s marks?  from Blogger http://ift.tt/1WZxI56

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Class claims down the toilet? Court stays lawsuit for FTC action

Posted on October 9, 2015 by rtushnet

Belfiore v. Procter & Gamble Co., — F.Supp.3d —-, 2015 WL 5781541, No. 14–CV–4090 (E.D.N.Y. Oct. 5, 2015)   The district court stayed six related consumer class actions against “flushable” wipes on the ground that the FTC could probably protect … Continue reading →

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Lexmark means what it says, except when it says not to use the word “standing”

Posted on October 8, 2015 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., Nos. 12-5610, 13-2286, 2015 WL 5822930 (D.N.J. Oct. 1, 2015)   Plaintiff NJ PURE sued Boynton, who added third-party defendants Joanna Elias and Eric Poe. Boynton is an insurance … Continue reading →

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What is ICE seizing?

Posted on October 7, 2015 by rtushnet

Early lessons from my FOIA suit against ICE, which has finally resulted in an initial document production: (1) ICE might as well not be keeping records about what it seizes.  The variations include everything from “suspected counterfeit” [particularly informative!], “counterfeit … Continue reading →

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New right of publicity website

Posted on October 6, 2015 by rtushnet

A great new resource has arrived!  Jennifer Rothman of Loyola-LA has created Rothman’s Roadmap to the Right of Publicity: a 50-state interactive survey of right of publicity laws, plus breaking news.  Check it out! from Blogger http://ift.tt/1L47zLc

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DMCA doesn’t block reverse engineering of vehicle diagnosis software but TM might

Posted on October 5, 2015 by rtushnet

Ford Motor Co. v. Autel US Inc., No.14-13760 (E.D. Mich. Sept. 30, 3015)   Apart from cars and trucks, Ford sells automotive repair products. Among them is Ford’s Integrated Diagnostic System (IDS system) which diagnoses potential problems with Ford vehicles … Continue reading →

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