-
Recent Posts
- Transformative work of the year (so far): To tell my story, showing near DC now
- Transformative work of the year (so far): To tell my story, showing near DC now
- 9th Circuit burps up a correction to recent Gerber case
- Park claim fails to fly: formerly well-known mark lacks current secondary meaning
- Bee aggressive: Copied ad leads to grab bag of claims
Recent Comments
Archives
- 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: January 2016
Beware of Greeks bearing yogurt claims
General Mills, Inc. v. Chobani, LLC, No. 16-CV-58 (N.D.N.Y. Jan. 29, 2016) GM also sued Chobani, and received an almost identical preliminary injunction, accompanied by an almost identical opinion, as that in Dannon’s case, reported earlier. Yoplait Greek 100 was … Continue reading
It’s all Greek to me: chlorine claims over yogurt enjoined
Chobani, LLC v. Dannon Co., No. 16-CV-30 (N.D.N.Y. Jan. 29, 2016) Chobani sued for a declaratory judgment that it wasn’t falsely advertising about Dannon; Dannon immediately filed its answer and counterclaims, and the court a bit over two weeks later … Continue reading
USPTO white paper on remix, first sale, and statutory damages
Here. No love for an exception for noncommercial user-generated content (Canada’s YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW’s contributions. What is a bit aggravating is the apparent … Continue reading
Lexmark gives some non-TM owners standing to sue for infringement
Innovation Ventures, LLC v. NVE, Inc., 2016 WL 266396, No. 08-11867 (E.D. Mich. Jan. 21, 2016) This long-lived dispute goes another round of various motions in limine. Innovation sued NVE for trademark infringement; NVE counterclaimed for false advertising. Here, … Continue reading
Showing irreparable harm isn’t easy
Pruvit Ventures, Inc. v. ForeverGreen International LLC, — F.Supp.3d —-, 2015 WL 9876952 No. 15-CV-571 (E.D. Tex. Dec. 23, 2015) (magistrate judge) Defendants moved for a preliminary injunction on their counterclaims involving dietary suppplements. Defendant Axcess is the exclusive … Continue reading
NYT throws hissy-fit, sues over use of thumbnails in critical book
David Shields recently published War Is Beautiful: The New York Times Pictorial Guide to the Glamour of Armed Conflict. The argument of the book is that the images chosen by the Times to decorate its front pages glamorize and glorify … Continue reading
