-
Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
Recent Comments
Archives
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
Monthly Archives: February 2018
Zazzle injunction reversed: irreparable harm is hard to show
Greg Young Pub’g, Inc. v. Zazzle, Inc., No. 16-cv-04587 (C.D. Cal. Feb. 8, 2018) After a jury trial finding Zazzle liable for copyright infringement for producing goods with user-uploaded images, the court granted a preliminary injunction. Here, it vacates that … Continue reading
The other Redbox case: the color may fade, but not the mark
Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. Ill. Feb. 20, 2018) Redbox sued defendant DVDXpress alleging trademark infringement and false advertising; DVDXpress moved to dismiss and asserted counterclaims/affirmative defenses, some of … Continue reading
Reading list: global fair use
Lionel Bently and Tanya Aplin, Whatever Became of Global, Mandatory, Fair Use? A Case Study in Dysfunctional Pluralism The international copyright system requires all participants to recognise a freedom for fair quotation that covers much of the ground encompassed by … Continue reading
Posted in Uncategorized
Tagged reading list, Reading list: global fair use copyright
Leave a comment
WIPIP concurrent 3 (most of it)
Annemarie Bridy, Fearless Girl Meets Charging Bull: Copyright and the Regulation of Intertextuality DiModica (who made Charging Bull) complained that Fearless Girl’s placement created an unauthorized derivative work and violated VARA by being a material alteration that prejudiced his honor—Charging … Continue reading
Posted in Uncategorized
Tagged copyright, WIPIP concurrent 3 (most of it) conferences
Leave a comment
WIPIP Concurrent 2
Nancy Kim, The License v. Sale Puzzle after Impressions v. Lexmark Sales exhaust the patentee’s rights to any item regardless of what the contract says. But restrictions on licensees are different because a license doesn’t implicate the same concerns about … Continue reading
WIPIP panel one: TM tarnishment and (c)
[title fixed because I can’t keep seasons straight] Suneal Bedi, Bad Brands: Experimental Studies in Trademark Tarnishment What is the reputation of a mark? Working on PhD in marketing at Penn; marketing is the best discipline to answer this Q. … Continue reading
WIPIP: Opening plenary
WIPIP Plenary [Standard disclaimer: these are just my notes; I miss stuff or it’s about patents and I don’t necessarily get it; I also have to pick and choose from many attractive panels and this year I’m only at the … Continue reading
Posted in Uncategorized
Tagged copyright, patent, WIPIP: Opening plenary conferences
Leave a comment
court awards sanctions for misrepresenting website as independent review site in false advertising case
Purple Innovation, LLC v. Honest Reviews, LLC, 2018 WL 840035, No. 17-cv-138 (D. Utah Feb. 12, 2018) A rare sanctions order in a false advertising case, in which the court grants sanctions based on the defendants’ submission of misleading and … Continue reading
Settlements allowing competitors to use term doesn’t insulate Clorox from its own possible deception
Gregorio v. Clorox Co., 2018 WL 732673, No. 17-cv-03824 (N.D. Cal. Feb. 6, 2018) Gregorio alleged that, to capitalize on consumer demand for “natural” home cleaning products, Clorox falsely advertised its “Green Works” cleaning products as “natural” or “naturally derived.” … Continue reading
TrueNorth not truly famous, court rules on motion to dismiss
TrueNorth Companies, L.C. v. TruNorth Warranty Plans, LLC, No. C17-31, 2018 WL 794700 (N.D. Iowa Feb. 8, 2018) TrueNorth sued TruNorth for trademark infringement and dilution based on their respective marks; here the court dismisses the dilution claim for failure … Continue reading