Monthly Archives: April 2016

Copyright Registration Practice with Robert Kasunic

Posted on April 7, 2016 by rtushnet

Copyright Registration and the Compendium Robert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. Copyright Office   25th anniversary of Feist.  Cornerstone of his approach to copyrightability.  Feist isn’t a telephone book case; it’s the … Continue reading →

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Organization for Transformative Works fundraising drive

Posted on April 7, 2016 by rtushnet

Organization for Transformative Works membership drive: of possible interest to law-types in particular, we submitted over 100,000 words on 3 continents in 2015 in support of transformative noncommercial use.  (Wow.)  Please support the OTW with a donation! from Blogger http://ift.tt/1qvKCwS

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Go to the mattresses: Tempurpedic wins TRO against Goldilocks claim

Posted on April 6, 2016 by rtushnet

Tempur Seal Int’l, Inc. v. Wondergel, LLC, 2016 WL 1305155, No. 5:16-cv-83 (E.D. Ky. Apr. 1, 2016)   The parties compete to sell mattresses.  Wondergel created a comparative ad featuring a Tempurpedic mattress, though not identifying it by name.  During … Continue reading →

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No mark, no false designation of origin is still the rule in NY

Posted on April 6, 2016 by rtushnet

Innovation Ventures, LLC v. Ultimate One Distributing Corp., 2016 WL 1317524, No. 12-CV-5354 (E.D.N.Y. Mar. 31, 2016)   The Fourth Circuit’s Belmora decision did more than create protection for foreign marks in the US; it created a conflict with a … Continue reading →

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Something smells: new product makes competitor’s claims instantly literally false

Posted on April 6, 2016 by rtushnet

Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, No. 14-cv-1308 (S.D.N.Y. Mar. 29, 2016)   Playtex makes a diaper pail, the Diaper Genie, with three current varieties: Diaper Genie Elite, Diaper Genie Essentials, and Diaper Genie Mini. Soiled diapers … Continue reading →

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idea/expression distinction saves Toyota ad from infringement claim

Posted on April 6, 2016 by rtushnet

Croak v. Saatchi & Saatchi, North America, Inc., No. 15 Civ. 7201 (S.D.N.Y. Mar. 31, 2016)   James Croak created a sculpture, “Pegasus, Some Loves Hurt More Than Others,” a mixed-media, life- sized work that was first exhibited in 1983. … Continue reading →

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Copyright Registration Practice with Rob Kasunic

Posted on April 5, 2016 by rtushnet

Copyright Registration Practice with Robert Kasunic Wednesday, April 06, 20162:00 PM – 5:30 PMAmerican University Washington College of Law4300 Nebraska Avenue, NW, Washington, DCCeremonial Courtroom NT01 Where I’ll be tomorrow, probably talking about jigsaw puzzles: Robert Kasunic, the Associate Register … Continue reading →

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Trademark issues seen in NYC

Posted on April 4, 2016 by rtushnet

Toy Store: Might Pixar have anything to say? Banned books matchbooks: Slaughterhouse-Five and Fahrenheit 451   from Blogger http://ift.tt/1UPFK2x

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comments on 512 from the Organization for Transformative Works

Posted on April 1, 2016 by rtushnet

Available here.  I look forward to participating in the Copyright Office’s roundtable as well.  from Blogger http://ift.tt/25AEJig

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User-generated discontent: patents, gender, and innovation

Posted on April 1, 2016 by rtushnet

The NYT has a fascinating story about innovation, menstruation, and the challenges of seeking backing for a project that combines the two. from Blogger http://ift.tt/25AEJ1E

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