Monthly Archives: December 2015

Prior use can’t be determined on motion to dismiss, even using Wayback Machine

My Health, Inc. v. General Electric Co., 2015 WL 9474293, No. 15-cv-80 (W.D. Wis. Dec. 28, 2015)   GE allegedly uses MYHEALTH on a section of its website that provides health and benefits information to GE employees, http://ift.tt/1mrYzcM, infringing plaintiff’s … Continue reading

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Bait and switch on different versions of the same brand isn’t TM infringement

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015)   Adobe loses this case because of pleading and discovery choices, allowing the 9th Circuit to avoid harder first sale questions.  Christenson sold Adobe software, which he purchased … Continue reading

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Selfie restraint: It’s hard to show fame and irreparable harm

ArcSoft, Inc. v. Cyberlink Corp., 2015 WL 9455516, No. 15-cv-03707 (N.D. Cal. Dec. 28, 2015)   ArcSoft makes the Perfect365 selfie editing app, and sued defendants for infringing and diluting the trademarks/trade dress of that app with their YouCam Perfect … Continue reading

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UK ASA doesn’t think “in association with” is enough to disclose an ad

See this ruling on an ad for Michelin tires.  Note also the stricter regulation of comparative advertising than in the US. from Blogger http://ift.tt/1R8pIgy

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one note on In re Tam: TM as right to suppress others’ speech

Judge Reyna’s dissent makes a point that I think courts will find very hard to grapple with, whatever the fate of 2(a) or disparagement specifically: Judge Dyk concurs in the result today only because he believes the content of Mr. … Continue reading

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Update: SanMedica v. Amazon favorably settles

Victory is mine!  Bring me the finest muffins and bagels in all the land!  Public Citizen represented me in a lawsuit to unseal the key information in SanMedica v. Amazon, a case that applied the 1-800 Contacts rule that ad … Continue reading

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Transformative work of the day, Star Wars edition

The Washington Post shows how Ken Burns would recount the Intergalactic Civil War (so bonus right of publicity issue too).  Note use of clips from the films–also a DMCA 1201/exemption issue.  (You’re welcome, Washington Post!) from Blogger http://ift.tt/1YvXDAq

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