Monthly Archives: January 2017

If you don’t like low-cost imitator brands, you’ll love this decision

Moroccanoil, Inc. v. Zotos Int’l, Inc., 2017 WL 319309, — F. Supp. 3d –, No. 16-7004 (C.D. Cal. filed Jan. 19, 2017) The court granted a preliminary injunction in this trademark case, using the “serious questions going to the merits” … Continue reading

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What’s in the box? Not a valid agreement to arbitrate!

Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading

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Are you being served? Omission claim based on “virtualized” server survives

Schellenbach v. GoDaddy.com LLC, 2017 WL 192920, No. CV-16-00746 (D. Ariz. Jan. 18, 2017) In 2014, GoDaddy issued a press release titled “GoDaddy Launches New Dedicated and VPS Servers with Added Support for Designers and Developers.” Plaintiffs are website designers … Continue reading

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Pipe dreams: expert spokesperson liable for false statements about competing product

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe.  Previous case … Continue reading

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Mass. anti-SLAPP law/litigation privilege doesn’t cover p’s nasty statements about competitor to customers

Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here.  The parties compete in the market for wire mesh used to make … Continue reading

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National Constitution Center Podcast on Tam

Deborah Gerhardt, Ilya Shapiro,  and I discuss Tam. http://ift.tt/2jRxGz1? The podcast can be found at the National Constitution Center’s website, as well as on iTunes and other platforms. from Blogger http://ift.tt/2jDCued

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Seen around town: transformative works of the day, inauguration edition.

Seen on my way back from the Tam oral argument: Activist Comics from Blogger http://ift.tt/2jsp9CW

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9th Circuit rejects Slep-Tone’s anti-copying claim couched as TM claim

Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke & DJ Servs., LLC, No. 14-17229 (9th Cir. Jan. 18, 2017) (per curiam) Slep-Tone makes karaoke music tracks under the trademark “Sound Choice.” They’re released on CDs in a format known as … Continue reading

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Lee v. Tam post-argument

Lee v. Tam My thoughts on observing the argument: I was surprised how much attention the Justices paid to the copyright comparison.  The SG centered his response around the idea that copyright is historically a mechanism to stimulate expression, while … Continue reading

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video of Evil Twin debate on Tam

Available here.  Tomorrow I’ll have my third NPR interview on Tam; interest seems quite high. from Blogger http://ift.tt/2j5ao7O

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