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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
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
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
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
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
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
Posted in Uncategorized
Tagged dmca, Star Wars edition copyright, Transformative work of the day
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A dreaded sunny day for Abbott & Costello heirs: play made fair use of Who’s On First
TCA Television Corp. v. McCollum, No. 15 Civ. 4325 (S.D.N.Y. Dec. 17, 2105) The “critically-acclaimed Broadway dark comedy, Hand to God,” used dialogue from the iconic comedy routine, Who’s On First? both in the play and in a promotional … Continue reading
Reading list: Lanham Act standing after Lexmark
Virginia E. Scholtes, The Lexmark Test for False Advertising Standing: When Two Prongs Don’t Make a Right, 30 Berkeley Tech. L.J. 1023 (2015): Part I of this Note tracks the development of standing under § 43(a) of the Lanham Act … Continue reading
Defendant can’t take advantage of TM abandonment it created
Axiom Worldwide, Inc. v. HTRD Group Hong Kong Ltd., 2015 WL 8113965, No. 8:11–cv–1468–T–33 (M.D. Fla. Oct. 30, 2015) Axiom sued seeking to confirm its ownership of certain IP, including trademarks, related to medical devices, and for infringement resulting … Continue reading
Rebecca Tushnet 