Monthly Archives: February 2017

pool party: lawsuit raises survey and TM priority issues

Posted on February 14, 2017 by rtushnet

Solar Sun Rings, Inc. v. Secard Pools, 2016 WL 6138294, No. EDCV14-2417 (C.D. Cal. Jan. 20, 2016) Illustrating the principle that those who sue competitors should be sure to have their own house (or in this case, pool) in order: … Continue reading →

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Juxtaposition is transformative for RoP purposes, divided court rules

Posted on February 14, 2017 by rtushnet

Daniel v. Wayans, No. B261814 (Cal. Ct. App. Feb. 9, 2017) Pierre Daniel, an actor, worked as an extra for a day in A Haunted House 2. Marlon Wayans co-wrote, produced, and starred in the movie. Daniel sued Wayans and … Continue reading →

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Lexmark’s harm requirement shields XYZ’s comparative claims

Posted on February 13, 2017 by rtushnet

Verisign, Inc., v. XYZ.com LLC, No. 15-2526 (4th Cir. Feb. 8, 2017) Verisign sells internet domain names and operates the popular .com and .net top-level domains. In 2014, XYZ launched “.xyz,” a new top-level domain. As part of its marketing … Continue reading →

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Challenging materiality when literal falsity is conceded

Posted on February 13, 2017 by rtushnet

Smart Vent, Inc. v. USA Floodair Vents, Ltd., 193 F.Supp.3d 395 (D.N.J. 2016) Smart Vent alleged patent infringement and false advertising related to competitor Floodair’s flood vents, which it allegedly falsely claimed to be certified by various bodies.  The regulations … Continue reading →

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Alleging that unauthorized reseller sells old product defeats first sale defense

Posted on February 13, 2017 by rtushnet

Unite Eurotherapy, Inc. v. Walgreen Co., Case No.: 16-cv-01706, 2017 WL 513008 (S.D. Cal. Feb. 7, 2017) Unite sells boutique hair care products through authorized resellers and its own website. Unite alleged distribution agreements with all of its resellers, allowing … Continue reading →

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calling a rival “imitation” is neither defamatory nor confusing

Posted on February 13, 2017 by rtushnet

Baltimore Sports & Social Club, Inc. v. Sport & Social, LLC, 2017 WL 526499, No. 16–cv–02953 (D. Md. Jan. 6, 2017)   BSSC logo Sport & Social logos BSSC initiated suit, claiming that Sport & Social’s use of the marks … Continue reading →

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WIPIP, part 5

Posted on February 11, 2017 by rtushnet

Zvi S. Rosen, The Lost (and Found) Copyright Records Before July 1870, copyright registrations were at each federal district court.  Form of oath dictated by statute; also deposited title page.  Deposit records; assignment records; indexes; misc. other records.  Process: register … Continue reading →

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WIPIP, part 4

Posted on February 11, 2017 by rtushnet

Mark McKenna & Jessica Silbey, Investigating Design: An Empirical Study of Industrial Design and IP Protection Interviews & institutional analysis. Hypothesis generating—anti-copying/copying practices, etc. Buccafusco: consider who’s in the sample—don’t limit to self-identified designers. Following career trajectories of design school … Continue reading →

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WIPIP, part 3

Posted on February 10, 2017 by rtushnet

Carys J. Craig, Relying on (User) Rights-Talk: On Copyright Limits and Rhetorical Risks Many ways to limit ©; here focusing on defenses/exceptions, the ideal type of which is fair use. If our goal is to constrain ©, what should we … Continue reading →

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WIPIP, part 2

Posted on February 10, 2017 by rtushnet

H. Brian Holland, We Are All Cyborgs Now: A Cognitive Theory of the Third-Party Doctrine Once upon a time there were categorical protectsion for private papers against search & seizure. Courts then ruled that personal property was no longer categorically … Continue reading →

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