Monthly Archives: May 2018

5th Circuit requires use as a mark, but finds Krusty Krab restaurant in SpongeBob qualifies

Posted on May 24, 2018 by rtushnet

Viacom Int’l, Inc. v. IJR Capital Investments, L.L.C., No. 17-20334 (5th Cir. May 22, 2018) The Fifth Circuit here adopts a “use as a mark” requirement, though not a very vigorous one, indicating once again that the concept is too … Continue reading →

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Is this “diet” soda script too close to Diet Coke’s?

Posted on May 16, 2018 by rtushnet

I have to admit, I might expect it to be a Coca-Cola product.  What’s more, it’s made in the US, not Brazil, and seems to be a copy of Guarana Antarctica, a Brazilian beverage. from Blogger https://ift.tt/2L3o55M

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But in that sleep what dreams of liability may come?

Posted on May 16, 2018 by rtushnet

When you sue a competitor for false advertising, be prepared to get sued back.  In this pair of opinions, most of the parties’ claims against each other survived, paving the way for a messy trial. GhostBed, Inc. v. Casper Sleep, Inc., … Continue reading →

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TM exam question: the right of publicity v. comparative advertising

Posted on May 8, 2018 by rtushnet

What if Coco Chanel had been the plaintiff in Smith v. Chanel?  This question made me very happy, and I got a bunch of interesting answers on my final: Kim Kardashian is famous for being famous. She is a highly … Continue reading →

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exercise company affiliation and ad revenue don’t make diet review into commercial speech

Posted on May 8, 2018 by rtushnet

GOLO, Inc. v. HighYa, LLC, 2018 WL 2086733, No. 17-2714 (E.D. Pa. May 4, 2018) The court here declines to apply the Lanham Act to “companies that generate income through websites that review the products of others, without selling any … Continue reading →

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Content Moderation at Scale, 2/2

Posted on May 7, 2018 by rtushnet

You Make the Call: Audience Interactive (with a trigger warning for content requiring moderation) Emma Llanso, Center for Democracy & Technology & Mike Masnick, Techdirt Hypo: “Grand Wizard Smith,” w/user photo of a person in a KKK hood, posts a … Continue reading →

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Content Moderation at Scale, DC Version

Posted on May 7, 2018 by rtushnet

Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, including his outrage at the canard that federal criminal law hadn’t applied to websites until recently—he pointed out that online … Continue reading →

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CC-licensed or not? you be the judge

Posted on May 7, 2018 by rtushnet

A knitting pattern I’m using comes with a CC license and license terms that seem distinctly un-CC.  For contracts folks out there, what license do I have? It says CC-BY-NC-SA, but then “What does this copyright notice mean?” purports to … Continue reading →

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Showing good-looking cuts of meat is puffery for pet food

Posted on May 7, 2018 by rtushnet

Wysong Corp. v. APN, Inc. 2018 WL 2050449, — F.3d – (6th Cir. May 3, 2018)| Wysong, which sells pet food, sued six competitors for violating the Lanham Act through pictures like this one: “The bag features a photograph of … Continue reading →

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ABC doesn’t find getting rid of pro se (c) and TM claim so simple

Posted on May 3, 2018 by rtushnet

 Manigault v. ABC Inc., 2018 WL 2022823, No. 17-CV-7375 (S.D.N.Y. Apr. 12, 2018) (magistrate judge) An app owner’s copyright and trademark claims against a news organization for broadcasting a news story about apps, including his, survive a motion to dismiss … Continue reading →

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