Monthly Archives: September 2016

Right of publicity/passing off blast from the past

From The Spirit of the Times, May 21, 1845 “Gen. Tom Thumb’s father brought suit in Paris, against the manager of a theatre, who announced a play called Tom Pouce, (Thumb,) while the General was exhibiting himself at another place. … Continue reading

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when are state law unfair competition claims preempted?

Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL 11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015) Very broad preemption finding makes me blog this older case that popped out of Westlaw.  Duer makes medicine dosage adherence tools suitable for … Continue reading

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Parody product fails to squeak through the cracks in dilution/infringement claim

VIP Products, LLC v. Jack Daniel’s Properties, Inc., No. 14-cv-02057 (D. Az. Sept. 27, 2016) The court denied VIP’s motion for summary judgment on its declaratory judgment action against JDPI, and also kicked out a number of VIP’s defenses, leaving … Continue reading

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Texas and 3 other states sue to block ICANN transition

Read the complaint.  Let me know if you can make sense of the theory. from Blogger http://ift.tt/2dp0AT4

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Ad featuring old, mild citations against health facility was false by necessary implication

Heartland of Urbana OH, L.L.C. v. McHugh Fuller Law Group, P.L.L.C., 2016 WL 5375676, 2016 -Ohio- 6959, No. 2016–CA–3 (Ct. App. Sept. 23, 2016) Heartland appealed from summary judgment granted to McHugh in Heartland’s deceptive trade practices case against McHugh, … Continue reading

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Conversation on fan films and copyright, part 2

My exchange with Henry Jenkins can be found here.  Part 1 here. from Blogger http://ift.tt/2cYKxvk

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Transformative work of the day

Shot by shot recreation of photos with male and female roles reversed, in response to a sexist GQ pictorial. Transformative, but in a good way—the reverse of the mocking transformations I cataloged in My Fair Ladies. from Blogger http://ift.tt/2dklLsV

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