Monthly Archives: February 2016

On the importance of knowing your genre

Posted on February 29, 2016 by rtushnet

I haven’t written about the Sherrilyn Kenyon v. Cassandra Clare lawsuit over Darkhunters v. Shadowhunters, though I did read the complaint.  I didn’t find the copyright claims to make it past assertions of similarity in ideas, though trademark is often … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

When are lost sales consequential damages?

Posted on February 29, 2016 by rtushnet

BPI Sports, LLC v. Labdoor, Inc., 2016 WL 739652, No. 15-62212 (S.D. Fla. Feb. 25, 2016)   BPI makes supplements, including “Best BCAA,” which contains branched chain amino acids (BCAAs) in multi-chain peptide form, rather than isolated, free-form BCAAs. LabDoor’s … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Ingredient supplier has standing to challenge supplement claims

Posted on February 29, 2016 by rtushnet

Obesity Research Institute, LLC v. Fiber Research International, LLC, 2016 WL 739796,  No. 15-cv-00595 (S.D. Cal. Feb. 25, 2016)   Fiber Research alleged that Obesity Research made claims for its weight loss product, Lipozene, touting clinical testing supporting the role … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Cardozo Law Advertising Conference Panel 2: Native Advertising

Posted on February 26, 2016 by rtushnet

Moderator Felix Wu | Professor and Faculty Director, Cardozo Data Law Initiative, Benjamin N. Cardozo School of Law   Panelists: Shelly Paioff | Deputy General Counsel & Head of Legal, US, Taboola: Taboola is a content recommendation platform—publishers like NBC, … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Advertising law at Cardozo

Posted on February 26, 2016 by rtushnet

Cardozo Law Conference: New Impressions of Advertising Law   Panel 1: False Advertising (herein of Pom Wonderful v. FTC) Moderator: Brett Frischmann | Professor and Director, Cardozo Intellectual Property & Information Law Program, Benjamin N. Cardozo School of Law   … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

8th Circuit finds copyright preemption of publicity claim

Posted on February 26, 2016 by rtushnet

Dryer v. National Football League, No. 14-3428 (8th Cir. Feb. 26, 2016)   I blogged about the district court ruling and wrote an amicus brief in the appeal; now the 8th Circuit affirms the rejection of football players’ right of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

National Review reports on false advertising suit against Trump University

Posted on February 25, 2016 by rtushnet

Hey, the National Review found a consumer protection lawsuit it likes: the one against Trump University.  If he’s elected, do we get to call him the Conman-in-Chief? from Blogger http://ift.tt/1WLfYtg

Posted in Uncategorized | Tagged , | Leave a comment

Another court finds keyword buys don’t cause likely confusion

Posted on February 24, 2016 by rtushnet

USA Nutraceuticals Group, Inc. v. BPI Sports, LLC, 2016 WL 695596, No. 15-CIV-80352 (S.D. Fla. Feb. 22, 2016)   Plaintiff, here “Beast,” sells sports nutrition supplements using trademarks such as “Beast,” “Beast Sports,” “Beast Mode,” and “Train Like a Beast.” … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Second Circuit upholds law against “credit surcharges” that allows “cash discounts”

Posted on February 22, 2016 by rtushnet

Expressions Hair Design v. Schneiderman, 803 F. 3d 94 (2d Cir. 2015)   Somehow I missed this when it came out last September! New York General Business Law § 518 provides that “[n]o seller in any sales transaction may impose … Continue reading →

Posted in Uncategorized | Tagged , , | 1 Comment

WIPIP Session 7: International issues

Posted on February 20, 2016 by rtushnet

Session 7 Room 145: International IP   Sean Flynn, Mike Palmedo, & Walter Park, Creating a Database of Changes to Copyright User Rights in 40 Nations   Fair dealing is flexible (uses a balancing test) but not open (limited classes … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment