Author Archives: rtushnet

do retailers proximately cause the harm of false advertising? [what about of TM infringement?]

Posted on December 5, 2019 by rtushnet

In Re Outlaw Laboratory, LP Litig., No. 18-cv-840-GPC-BGS, 2019 WL 6497883 (S.D. Cal. Dec. 3, 2019) Outlaw is doing a pretty good job of establishing the previously contestable—and inconsistent with trademark law—rule that retailers aren’t liable for false advertising that … Continue reading →

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Design Law Scholars Roundtable part 3

Posted on December 5, 2019 by rtushnet

Session 3: Shaping an Overall Approach to Protection Introductions: Jerry Reichman and Estelle Derclaye  In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject … Continue reading →

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Design Law Scholars Roundtable part 2

Posted on December 5, 2019 by rtushnet

Session 2: Legal Protection for Design Introduction: Chris Sprigman: what kinds of protection should be available depends on what the justifications for protection are. Incentives: requires us to ask about motivations of designers, the companies that employ them. Design of … Continue reading →

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Design Law Scholars Roundtable (Notre Dame) part 1

Posted on December 5, 2019 by rtushnet

I have just now gotten around to my notes from this excellent roundtable. Introduction: Mark McKenna & Graeme Dinwoodie Why do a roundtable like this? Putting together scholarly discussion for long-term outputs rather than particular works in the short term. … Continue reading →

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A press release about a lawsuit against a supplier wasn’t commercial speech

Posted on December 5, 2019 by rtushnet

Townsend Farms, Inc. v. United Juice Corp., — Fed.Appx. —-, 2019 WL 6358780, No. 18-55067, No. 18-55068 (9th Cir. Nov. 27, 2019) Townsend included pomegranate arils supplied by Göknur in its Townsend Farms Organic Antioxidant Blend; some of those arils … Continue reading →

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Knives Out for storage jars (copyright geeks, that is)

Posted on December 5, 2019 by rtushnet

I very much enjoyed Knives Out and recommend it even for non-copyright geeks, but I suspect that some of the despicable family members didn’t need to despair so much about being cut out of the patriarch’s will. Based on the … Continue reading →

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false advertising claims against competing media nonprofit can continue under broad theory of commercial speech

Posted on November 22, 2019 by rtushnet

Tang v. Guo, 2019 WL 6169940, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 20, 2019) The previous complaint was dismissed for failure to sufficiently allege commercial speech; the court now finds it sufficiently alleged because the media defendant had a … Continue reading →

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(c) profits expert excluded for failure to tie profits to specific photos copied, instead of photos in general

Posted on November 19, 2019 by rtushnet

Yellowpages Photos, Inc. v. YP, LLC, 2019 WL 6033084, No: 8:17-cv-764-T-36JSS (M.D. Fla. Nov. 14, 2019) YPPI sued YP alleging infringement of YPPI’s copyrights, and sought disgorgement of the profits derived therefrom. Its expert, Brown, was offered to opine on … Continue reading →

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general allegations of harm to Legalforce from TM scammer sufficed for Lexmark standing

Posted on November 18, 2019 by rtushnet

Legalforce RAPC Worldwide P.C. v. Glotrade, No. 19-CV-01538-LHK, 2019 WL 6036618 (N.D. Cal. Nov. 14, 2019) Legalforce “offers services including trademark preparation and prosecution, patent preparation and prosecution, copyright registration and counseling, international trademark and patent filings, and corporate formation … Continue reading →

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More Kona coffee: false designation claims under 43(a)(1)(A), but not (B), can target retailers

Posted on November 18, 2019 by rtushnet

Two more opinions here, one about the meaning of “origin” in 43(a)(1)(A) and one about the liability of retailers for false advertising and false designation of origin. Corker v. Costco Wholesale Corp., No. C19-0290RSL, 2019 WL 5895430 (W.D. Wash. Nov. … Continue reading →

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