Monthly Archives: January 2016

SanMedica v. Amazon: how many clickthroughs make likely confusion plausible?

In SanMedica v. Amazon, the court initially found enough evidence of confusion from Amazon’s continued use of a trademark in keyword ads (after it had kicked the seller off its platform, but continued to offer competing brands) to deny summary … Continue reading

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If the messiah tarries, how long until we find laches?

Vaad L’Hafotzas Sichos, Inc. v. Kehot Publication Society, — F.Supp.3d —-, 2016 WL 183226, No. 10–CV–4976 (E.D.N.Y. Jan. 14, 2016)   Found this one in another search and was fascinated.  After the death of Rabbi Menachem Mendel Schneerson (the Rebbe), … Continue reading

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Is a jigsaw puzzle a useful article?

I am pondering this question as I contemplate writing my massive “why you should do wooden jigsaw puzzles” post, because of the exception for pictures of useful articles that incorporate expressive works.  If I want to show some representative pictures, … Continue reading

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Uniqueness claim can be falsifiable

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2016 WL 164364, No. 14 C 9754 (N.D. Ill. Jan. 14, 2016)   Fuel dispensing filters are designed to detect and remove water from fuel before fuel is dispensed into a vehicle. … Continue reading

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Amicus in Samsung cert petition

I also signed on to an amicus supporting Samsung’s petition for cert, both on the damages and the infringement/functionality standard.  This Recode story marks the first time I can recall being asked if I had a financial interest, though it … Continue reading

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Copyright in legal codes revisited

I signed on: Amicus arguing against copyright in building codes and other codes adopted as law, by Harvard’s Cyberlaw Clinic. from Blogger http://ift.tt/1Nilzk4

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Going to the mattresses without initial interest confusion

Select Comfort Corporation v. Baxter, No. 12-2899, 2016 WL 158516 (D. Minn. Jan. 13, 2016)   A lot of stuff going on here. The parties compete in the market for adjustable air beds and related products. Select Comfort has a … Continue reading

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Wear and tear: First Amendment takes another bite out of law protecting military medals

United States v. Swisher, No. 11-35796 (9th Cir. Jan. 11, 2016) (en banc)   H/T Eric Goldman.   The facts of Swisher are colorful (a murder trial, at which he was not the defendant, is involved) but irrelevant.  United States … Continue reading

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Is it safe? Uber’s media statements about safety are commercial speech

Greater Houston Transportation Company v. Uber Technologies, Inc., — F.Supp.3d —-, No. 4.14-0941, 2015 WL 9660022 (S.D. Tex. Dec. 18, 2015)   [Yes, I know, but I couldn’t find a relevant Taxi Driver quote.]   Previous opinion discussed earlier in … Continue reading

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Chobani ad campaign draws Lanham Act suits

The NYT has a story here.  Interestingly, the campaign is similar to some others I’ve seen condemned by the NAD and even the FTC in the context of “green” claims, by focusing on the use of chlorine etc. in producing … Continue reading

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