Author Archives: rtushnet

Three little words make a fair use

Oyewole v. Ora, 291 F.Supp.3d 422 (S.D.N.Y. 2018) This case grants a motion to dismiss on fair use grounds, though it should have been on lack of substantial similarity in protected expression. Oyewole is a founding member of the spoken-word … Continue reading

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Second Circuit rejects falsity by necessary implication claim for UL certification

Board-Tech Electronic Co. v. Eaton Corporation, Cooper Wiring Devices, Inc., — Fed.Appx. —-, 2018 WL 2901336, No. 17-3829-cv (2d Cir. Jun. 11, 2018) Board-Tech and Eaton compete in the market for decorative light switches. Underwriters Laboratories (UL) is an independent … Continue reading

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Right of Publicity, Litigating the Claims

Litigating the Claims Rick Kurnit: told the story of litigating the White case, in which the author of the panel opinion didn’t know what a letter-turner was. Had to go to trial with a jury, all of which regularly watched … Continue reading

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Right of Publicity panel, Abrams Institute for Freedom of Expression

From Yale Law School’s Abrams Institute for Freedom of Expression Commercial Speech and the First Amendment: Does the Right of Publicity Transcend Commercial Speech? Jennifer Rothman: Right of Publicity? Right of Privacy? Rothman gave a keynote summarizing highlights of her … Continue reading

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isn’t it good? mahogany wood isn’t always mahogany

Golden v. Home Depot, U.S.A, Inc., 2018 WL 2441580, No. 18-cv-00033-LJO-JLT (E.D. Cal. May 31, 2018) According to the complaint, authentic mahogany is prized for its beauty, durability, color, and ease of use in woodworking. It has a reddish-brown color, … Continue reading

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

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?

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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