Author Archives: rtushnet

DOJ 230 workshop

Posted on February 24, 2020 by rtushnet

Section 230 – Nurturing Innovation or Fostering Unaccountability? DOJ Workshop These are copied from my handwritten notes, so will likely be terser than usual. Introduction of the Attorney General The Honorable Christopher Wray, Director, Federal Bureau of Investigation Tech is … Continue reading →

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They chose unwisely: court blows another hole in Rogers by refusing to say that explicit means explicit

Posted on February 19, 2020 by rtushnet

Chooseco LLC v. Netflix, Inc., No. 2:19-cv-08 (D. Vt. Feb. 11, 2020) Explicit doesn’t mean explicit in yet another sign of the pressure the Rogers test is under.  Chooseco sued Netflix for infringement (etc.) of its rights in Choose Your … Continue reading →

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Even in default, damages must still be shown

Posted on February 18, 2020 by rtushnet

NITV Fed. Servs., LLC v. Dektor Corp., 2019 WL 7899731 No. 18-80994-Civ-Brannon (S.D. Fla. Dec. 16, 2019) This is a default judgment, but it still has interesting bits. The parties compete to sell truth verification technology, which will become ironic. … Continue reading →

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No Lanham Act causation in another timeshare exit case

Posted on February 18, 2020 by rtushnet

Westgate Resorts, Ltd. v. Reed Hein & Assoc., LLC, 2020 WL 674108, No: 6:18-cv-1088-Orl-31DCI (M.D. Fla. Feb. 11, 2020) Yay, another time share exit opinion. As relevant here, the court rejected the timeshare company’s Lanham Act claim because the allegedly … Continue reading →

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“Kids” in product name represents that product is safe for children to use

Posted on February 18, 2020 by rtushnet

Mirza v. Ignite USA, LLC, 2020 WL 704791, No. 19 C 5836 (N.D. Ill. Feb. 12, 2020) Ignite sells reusable beverage containers, coffee mugs, water bottles, and kids’ cups under the Contigo brand name. Plaintiffs bought Contigo Kids Cleanable Water … Continue reading →

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false advertising as compulsory counterclaim

Posted on February 18, 2020 by rtushnet

Creative Impact Inc. v. MGA Entertainment, Inc., 2019 WL 7906430, No. CV 19-07009 AG (ASx) (C.D. Cal. Nov. 4, 2019) The parties compete in the toy business. Creative Impact makes 5 Surprise, while MGA makes a similar toy called L.O.L. … Continue reading →

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when you buy a business whose mark is the owner’s photo, make sure you get all the rights

Posted on February 15, 2020 by rtushnet

Minott v. Wichita Water Conditioning, Inc., No. 18-cv-01656-MSK-SKC, 2020 WL 616359 (D. Colo. Feb. 7, 2020) Minott used to own Fluid, which operated a water conditioning business under the trade name Chuck, The Water Man. Fluid made extensive use of … Continue reading →

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DMCA at 22: my notes from the Senate hearing

Posted on February 14, 2020 by rtushnet

Senate Judiciary Committee, Intellectual Property Subcommittee, The Digital Millennium Copyright Act at 22: What is it, why was it enacted, and where are we now (archived video; apparently you have to wait 13 minutes before the hearing actually starts, though) … Continue reading →

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False advertising of flanges leads to rare recall and some disgorgement

Posted on February 11, 2020 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020) Followup on the multimillion-dollar verdict in this false advertising case. A jury found that defendants falsely advertised their carbon steel flanges as … Continue reading →

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WIPIP 2020, Day 2 panel 4

Posted on February 10, 2020 by rtushnet

Panel 4: Copyright Stephanie Bair, Copyright’s Hidden Costs We’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being … Continue reading →

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