Monthly Archives: March 2017

Slingbox’s addition of ads wasn’t deceptive

Posted on March 17, 2017 by rtushnet

In re Sling Media Slingbox Advertising Litig., 202 F. Supp. 3d 352 (S.D.N.Y. 2016) Plaintiffs sued Sling under California law, and in the alternative under the consumer-protection laws of forty-seven other jurisdictions, including under New York General Business Law § … Continue reading →

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failure to caption music/songs doesn’t make “close captioned” label misleading

Posted on March 16, 2017 by rtushnet

Anthony v. Buena Vista Home Entertainment Inc., 2016 WL 6836950, No. 2:15–cv–09593 (C.D. Cal. Sept. 28, 2016) Plaintiffs, who are deaf or hard of hearing, alleged that defendants sold (1) DVDs enclosed in packaging with language advertising the DVDs as … Continue reading →

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Not with a bang but with a fastener

Posted on March 15, 2017 by rtushnet

B&B Hardware, Inc. v. Hargis Indus., Inc., — F. Supp. 3d —-, 2017 WL 957548 (E.D. Ark. Feb. 16, 2016) I mentioned this development a while back, but it’s now getting into the federal reporter, which is good so that … Continue reading →

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Seen around town

Posted on March 13, 2017 by rtushnet

Sufficient alteration + disclaimer to avoid trouble for this former BP franchisee? “This is not BP Gas,” above covered-over BP star Krackjack biscuits–any trouble from Cracker Jack if you import these from India?  Does it matter that other versions of the … Continue reading →

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How green was my tractor accessory? John Deere defeats aesthetic functionality defense for color scheme

Posted on March 13, 2017 by rtushnet

Deere & Co. v. FIMCO Inc., No. 15-CV-105 (W.D. Ky. Mar. 8, 2017)       Deere sued FIMCO for infringing on Deere’s green and yellow color scheme on agricultural equipment.  Deere has three green and yellow registrations: (1) the ‘103 Registration is … Continue reading →

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Conference announcement from the ABA

Posted on March 13, 2017 by rtushnet

ABA’s 32nd Annual Intellectual Property Law Conference April 4-6, 2017 Crystal Gateway Marriott, Arlington, VA Learn more here. from Blogger http://ift.tt/2mDhGUT

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GW/Harvard conference: licensing and exhaustion

Posted on March 10, 2017 by rtushnet

Licensing and Exhaustion Moderator:  Prof. Robert Brauneis, George Washington University Law School Eric M. Reifschneider, The Marconi Group: There are deals that have died just b/c of exhaustion uncertainty.  What triggers exhaustion?  At one time, many practitioners thought that a … Continue reading →

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GW/Harvard conference: Infringement and Defenses

Posted on March 10, 2017 by rtushnet

Infringement and Defenses Moderator: Prof. Michael B. Abramowicz, George Washington University Law School William F. Lee, WilmerHale LLP: Literal infringement/each and every element of the claim—useful for laypeople to think about the claim. In many jurisdictions (Germany, Netherlands, Japan) around … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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