Author Archives: rtushnet

click tracking makes online false advertising harm reparable, preliminary injunction inappropriate

Posted on August 12, 2019 by rtushnet

Carson Optical, Inc. v. Alista Corp., 2019 WL 3729460, No. 19-cv-1725 (SJF)(AKT) (E.D.N.Y. Aug. 8, 2019) Carson sells three products on Amazon that have a magnifying mirror: a folding compact lighted mirror, a round lighted mirror with suction cup base, … Continue reading →

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anti-tanning public service campaign targeted all tanning salons, thus couldn’t disparage them

Posted on August 12, 2019 by rtushnet

JB & Associates, Inc. v. Nebraska Cancer Coalition, — N.W.2d —-, 303 Neb. 855, No. S-18-719, 2019 WL 3756342 (Aug. 9, 2019) Appellants, several tanning salons, appealed their dismissal of defamation and product disparagement claims under Nebraska’s Uniform Deceptive Trade … Continue reading →

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statements about guest’s supposed misbehavior at fan convention aren’t actionable under Lanham Act

Posted on August 12, 2019 by rtushnet

Alexander v. Falk, 2019 WL 3717802, No. 16-cv-02268-MMD-GWF (D. Nev. Aug. 7, 2019) Randi Alexander and Jackson Young sued a bunch of entities mostly for defamation and disparagement under federal and Nevada laws. “Alexander is an erotic romance novelist and … Continue reading →

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ownership of building doesn’t convey ownership of (once related) tenant’s TM

Posted on August 12, 2019 by rtushnet

Long Grove Investments, LLC v. Baldi Candy Co., No. 18-cv-5237, 2019 WL 3716841 (N.D. Ill. Aug. 7, 2019) Plaintiff Long Grove owns a building in Long Grove, Illinois, “in which a beloved bakery, the Long Grove Apple Haus, once thrived, … Continue reading →

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IPSC: Closing Plenary

Posted on August 10, 2019 by rtushnet

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading →

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IPSC: Copyright History

Posted on August 9, 2019 by rtushnet

Bruce Boyden, Marquette University Law School Substantial Similarity, from Equity to Legal Process Multistep tests as recent inventions. Test for infringement was created in a very different legal environment and many of its current problems stem from the fact that … Continue reading →

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IPSC: Trademark Doctrine

Posted on August 9, 2019 by rtushnet

Jorge Contreras, University of Utah SJ Quinney College of Law Sui-Genericide 1940s: Proprietary Ass’n & AMA opposed foreign registrations of common drug names (ANTACID, VITAMIN, etc.). Late 40s-80s: DOC generic word program: words submitted by firms to INTA’s predecessor, then … Continue reading →

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IPSC: Fair Use

Posted on August 9, 2019 by rtushnet

Matthew Sag, Loyola University Chicago School of Law The Missing Theoretical Foundation of Transformative Use Campbell v. Acuff Rose had lots of changes to the work and explicit critical stance v. original—the only reason the Sixth Circuit held not fair … Continue reading →

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on 12(b)(6), court holds that “blockchain” could be distinctive for one co’s digital wallets

Posted on August 9, 2019 by rtushnet

Blockchain Luxembourg S.A. v. Paymium, SAS, No. 18 Civ. 8612 (GBD) (S.D.N.Y. Aug. 7, 2019) The Second Circuit really doesn’t want to kick out trademark claims early.  I can easily imagine a court in the Seventh Circuit using the flexibility … Continue reading →

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storage container promise of “optimal environment” to keep produce fresh isn’t puffery

Posted on August 8, 2019 by rtushnet

Zearfoss v. Rubbermaid, Inc., 2019 WL 2902495, No. 18-cv-06392-AB (ASx) (C.D. Cal. Apr. 18, 2019) Rubbermaid sells a line of food storage containers called FreshWorks Produce Saver Products, advertising on the outside packaging in large bold print “Keeps Produce Fresh … Continue reading →

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