Monthly Archives: June 2016

TM/false advertising interface: “same formulation” statement w/o more infringes

Posted on June 30, 2016 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016) This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for apparently truthful … Continue reading →

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Copyright/TM question of the day, politics edition

Posted on June 28, 2016 by rtushnet

Analyze the linked Buzzfeed public service announcement about registration (warning: link will likely autoplay). from Blogger http://ift.tt/298KRKR

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Judge McKeown on copyright, and responses (including mine)

Posted on June 28, 2016 by rtushnet

Hon. M. Margaret McKeown,  Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment, 15 Chi.-Kent J. Intell. Prop. 1 (2016) Margaret Chon, Copyright’s Other Functions, 15 Chi.-Kent J. Intell. Prop. 364 Edward Lee, Suspect Assertions of Copyright, … Continue reading →

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Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage

Posted on June 27, 2016 by rtushnet

Woodard v. Labrada, 2016 WL 3436434, No. 16-00189 (C.D. Cal. May 12, 2016) Woodard brought a putative class action alleging that various defendants (Media Defendants) misrepresented the weight loss benefits of weight loss supplement products made by the Manufacturing Defendants. … Continue reading →

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EFF/OTW/library/etc. comments on Copyright Office proposal on DMCA registration renewals

Posted on June 24, 2016 by rtushnet

Read them here.  The Copyright Office has indicated, unwisely, an intent to make DMCA registrants re-register every three years, which will set up another hurdle for ISPs and encourage copyright trolls. from Blogger http://ift.tt/28T3w9h

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class action complaint survives GNC in 4th Cir. by pleading misleadingness

Posted on June 24, 2016 by rtushnet

Midwestern Midget Football Club Inc. v. Riddell, Inc., 2016 WL 3406129, No. 2:15-00244 (S.D. W. Va. Jun. 17, 2016) Midwestern is a nonprofit youth football organization, and Riddell makes helmets for football players.  Midwestern bought 12-24 Riddell Revolution Helmets per … Continue reading →

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Reading List: The Copyright Wars

Posted on June 23, 2016 by rtushnet

Peter Baldwin, The Copyright Wars: Three Centuries of Trans-Atlantic Battle (2014) Baldwin’s basic proposition is that there has been a long history of struggles between creators, distributors and the public, and a related struggle between the idea of Continental authors’ … Continue reading →

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Bank of No Confusion: BNC National Bank fails to enjoin Bank of North Carolina rebranding

Posted on June 21, 2016 by rtushnet

BNC Bancorp v. BNCCORP, Inc., 2016 WL 3365428, No. 15-cv-793 (M.D.N.C. Jun. 16, 2016) Bank of North Carolina sought a declaratory judgment against BNC National Bank to settle rights in the BNC mark, and BNC National Bank sought a preliminary … Continue reading →

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TM/design patent question of the day

Posted on June 21, 2016 by rtushnet

Consider the iPhoney: Does this infringe any rights Apple might have?  We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what … Continue reading →

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How it works: Understanding Copyright Law in the New Creative Economy

Posted on June 21, 2016 by rtushnet

Re:create Coalition’s How It Works: Understanding Copyright Law in the New Creative Economy Alex Feerst, Corporate Counsel, Medium: Medium strives to present a range of options for community-driven and commercial and in-between writing. Porous: some writers have found ways into … Continue reading →

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