Monthly Archives: May 2016

Double play: Tyson defeats TM and false advertising claims

Posted on May 12, 2016 by rtushnet

Parks, LLC v. Tyson Foods, Inc., No. 15-cv-00946 (E.D. Pa. May 10, 2016)   This case involves a trademark and false advertising dispute. Previous ruling denying an injunction. Parks claimed to own “Parks” for sausages and other foods. Tyson owns … Continue reading →

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Reading list: Choreographing Copyright

Posted on May 11, 2016 by rtushnet

Anthea Kraut, Choreographing Copyright: Race, Gender, and Intellectual Property Rights in American Dance: Fascinating study of the complexities of claiming rights in a world in which asserting property rights is a measure of one’s humanity—and in which white women have … Continue reading →

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There’s no cushioning this blow: Comparative advertising is copyright fair use

Posted on May 11, 2016 by rtushnet

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014)   This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent … Continue reading →

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Incarnadine: Pom’s FTCA violation could’ve given it unclean hands against Coca-Cola

Posted on May 6, 2016 by rtushnet

POM Wonderful LLC v. Coca Cola Co., No. CV 08-06237, 2016 WL 2587994 (C.D. Cal. Feb. 19, 2016)   After a trip to the Supreme Court, Pom’s false advertising case against Coca-Cola ended with a verdict in favor of Coca-Cola; … Continue reading →

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In which I sue Amazon again

Posted on May 5, 2016 by rtushnet

In FTC v. Amazon, the initial opinion was heavily, albeit badly, redacted.  With the able assistance of Paul Alan Levy from Public Citizen, MediaPost and I have moved to unseal the opinion and the documents on which it’s based, on … Continue reading →

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Off the record: Use of name in instruction card doesn’t suggest endorsement

Posted on May 5, 2016 by rtushnet

Martin v. Wendy’s International, Inc., 2016 WL 1730648, No. 15 C 6998 (N.D. Ill. May 2, 2016)   Johannes Martin alleged that Wendy’s and Guinness World Records violated §43(a) and his Illinois right of publicity by using his identity in … Continue reading →

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CFP: IP + Race, at Boston College

Posted on May 4, 2016 by rtushnet

  The IP + Race conference hosted by Boston College in April 2017, sponsored by  Anjali Vats, Deidre Keller, Amit Basole, and Jessica Silbey, is seeking participants.  They are expecting special musical guests for the conference as well – all IP and critical race … Continue reading →

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Copyright Office 512 Roundtable: Open Mic

Posted on May 3, 2016 by rtushnet

Official description: Panelists from previous sessions and observers may sign up at the roundtable to comment on topics discussed during earlier panels or raise and discuss other pertinent issues.   David Green, NBC Universal: what should the Office do at … Continue reading →

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Copyright Office 512 Roundtable: Future of 512

Posted on May 3, 2016 by rtushnet

(In homage to Jonathan Zittrain, I am giving this panel the nickname, The Future of the Internet and How To Stop It)   Official description: General trends, including notice volume and other relevant empirical data; scalability and future viability of … Continue reading →

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Copyright Office 512 Roundtable: Voluntary Measures and Industry Agreements

Posted on May 3, 2016 by rtushnet

Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including availability of programs to smaller service providers and creators; cooperation in identifying infringers; … Continue reading →

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