Monthly Archives: August 2016

Annemarie Bridy takes on the Copyright Office’s overreach

Posted on August 4, 2016 by rtushnet

Here, on the set-top box FCC rulemaking. The Copyright Office wants people to believe that copyright is a general right to control commercial exploitation, and that if cable companies want to cut deals with content providers trading away customers’ fair … Continue reading →

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Can functionality become nonfunctionality with new data?

Posted on August 4, 2016 by rtushnet

C5 Medical Werks, LLC v. CeramTec GMBH, 2016 WL 4092955, No 14-cv-00643 (D. Colo. Jun. 10, 2016) C5 competes with CeramTec in the ceramic hip implant market. In 1998 CeramTec patented a ceramic composite used in hip implants, advertising that … Continue reading →

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Dirty Dancing remake: court grants reconsideration on dilution

Posted on August 3, 2016 by rtushnet

Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Aug. 1, 2016) Previous discussion and images from the campaign here.  Lions Gate claims common-law marks in DIRTY  DANCING and NOBODY PUTS BABY IN A CORNER, … Continue reading →

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Transformative use of the day?

Posted on August 3, 2016 by rtushnet

Is a caption contest for a photo a transformative use?  It does seem to rely heavily on the content of the photo! See https://twitter.com/TheSteveBurnio/status/760579894900293633/photo/1: The winner of the caption contest: Caption: “Donald Trump, center.” from Blogger http://ift.tt/2avMzoc

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Seen at the amusement park: TM question of the day

Posted on August 1, 2016 by rtushnet

“Straight Outta Here! Seniors” T-shirt in Straight Outta Compton style from Blogger http://ift.tt/2asqPd5

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