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Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
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Monthly Archives: December 2016
NYIPLA IP writing competition
For current law students. $1500/$1000 awards for the winners. Deadline March 3, 2017. Details here. from Blogger http://ift.tt/2gRb2F6
Trademark questions of the day, pictorial edition
Some photos I found in my end-of-year cleanup: wine caddy in form of black shoe with red sole: infringement or dilution? petco label, “because I’m worth it” from Blogger http://ift.tt/2hp733z
Copyright question of the day, Colting edition
Frederik Colting and his partner have a new line of books, KinderGuides, which are children’s versions of classics like On the Road and Breakfast at Tiffany’s. Fair use? from Blogger http://ift.tt/2hfm0VJ
Posted in Uncategorized
Tagged Colting edition copyright, Copyright question of the day
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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands
Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims. Thus, they have imposed … Continue reading
Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands
Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims. Thus, they have imposed … Continue reading
Mardi Gras bead dogs live
At least the trademark registration does. Remember the Mardi Gras bead dog case, Nola Spice, in which the PTO accidentally accepted a Section 15 incontestability statement during the pendency of an appeal of an order cancelling the mark, even though … Continue reading
… and the Best Title of the Year award goes to Mark Lemley
Inventor Sued for Infringing His Own Patent. You Won’t Believe What Happened Next Mark A. Lemley Stanford Law SchoolNovember 30, 2016 from Blogger http://ift.tt/2gRnJjQ
Update re: DMCA re-registration
I have updated my original post to include the information that the Library of Congress, not the CO, set the password requirements, and to add a rant about how re-registration should not be a thing. from Blogger http://ift.tt/2gJ4skq
Failing to disclose refund policy does not make price claims literally false
First Data Merchant Services Corp. v. SecurityMetrics, Inc., — Fed.Appx. —-, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4th Cir. Dec. 1, 2016) Lower court opinion discussed here. The court of appeals affirmed the district court’s rejection of the parties’ … Continue reading
Saving people, suing things: TM lawsuit over -hunter suffix continues
Kenyon v. Clare, No. 16-cv-00191, 2016 WL 6995661 (M.D. Tenn. Nov. 29, 2016) Sherrilyn Kenyon sued Cassandra Clare alleging trademark/copyright violations arising from Clare’s books, the “Shadowhunter Series”; this opinion addresses only trademark claims, where a motion to dismiss proves … Continue reading
Rebecca Tushnet 