Monthly Archives: July 2018

Allegations of “copycatting” in high tech industry plausibly accuse target of patent infringement

Global Tubing LLC v. Tenaris Coiled Tubes LLC, No. 4:17-CV-3299, 2018 WL 3496739 (S.D. Tex. Jul. 20, 2018) The parties compete in the market for coiled tubing products for the oil and gas industry. They and one other company allegedly … Continue reading

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Plastic not so fantastic: video shot in medical facility didn’t defame or infringe facility’s TM rights

Weirton Medical Center, Inc. v. Introublezone, Inc., 2018 WL 3458261, J-A06003-18 (Pa. Super. Ct. Jul. 18, 2018) Dr. Craig Richard Oser was a plastic surgeon with staff privileges at plaintiff WMC from 2009 to 2014, making him an employee according … Continue reading

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non-lawyer’s purchase of “trademark attorney” as a keyword doesn’t itself plausibly deceive consumers

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 3439371 (N.D. Cal. Jul. 17, 2018) LegalForce alleged that defendants operated “TTC Business Solutions,” providing “trademark related services,” and that they “engag[ed] in the unlawful practice of law” as well … Continue reading

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Six-year prison sentence for false advertising online

United States v. Arif, No. 17-1597, 2018 WL 3454467 (1st Cir. Jul. 18, 2018) A reminder that false advertising can be subject to criminal penalties: Mustafa Hassan Arif sold non-prescription drug products that purported to treat or cure hundreds of … Continue reading

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New on Jotwell: reviewing Virginia Eubanks, Automating Inequality

Rebecca Tushnet, The Difference Engine: Perpetuating Poverty Through Algorithms, JOTWELL (July 18, 2018) (reviewing Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (2018)) from Blogger https://ift.tt/2LfQBnN

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ASTM v. PublicResource.org: Trademark

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) Trademark: This was where the district court went very, very wrong—I consider the copyright issues difficult though I have a preferred outcome; the trademark … Continue reading

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ASTM v. PublicResource.org: Copyright

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) The panel, citing “serious constitutional concerns,” vacated the district court’s finding of trademark and copyright infringement based on PRO’s copying of privately drafted standards … Continue reading

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