Author Archives: rtushnet

IPSC: keynote

Posted on August 10, 2018 by rtushnet

Keynote: The State of IP Scholarship – Rebecca Eisenberg When she began, patent scholarship in the academy was minimal.  Early 1980s, CAFC creation prolonged the ghettoization of patent law, even though the field was poised for greater integration into the … Continue reading →

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IPSC session 3 (trade secret then copyright)

Posted on August 10, 2018 by rtushnet

Session 3: Trade Secrets, Courtney Cox, Can the Law Force You to Lie? The Use of Deceptive Precautions to Protect Trade Secrets Reasonable measures to protect the secret are generally required. Should you have to engage in deception, or deceptive … Continue reading →

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IPSC session 2

Posted on August 9, 2018 by rtushnet

Session 2: IP History and Theory, Stephanie Bair, IP Inequality Artists and innovators are not equally distributed. Rich people are more likely to acquire IP rights than poor people; whites than minorities in the US; males than females.  Theoretical lens: … Continue reading →

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IPSC session 1

Posted on August 9, 2018 by rtushnet

Standard disclaimers apply: These are my summaries, not the presentations themselves. As usual, I have to skip a lot of interesting presentations and I try to attend things I haven’t seen, no matter how good the ones I have already … Continue reading →

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The Ninth Circuit don’t care: successful Rogers defense reversed because plaintiff’s trademark is “artistic”

Posted on August 8, 2018 by rtushnet

Gordon v. Drape Creative, Inc., No. 16-56715 (9th Cir. Jul. 30, 2018) The Ninth Circuit routinely invents some new epicycle for trademark defenses; here it unfortunately mushes together Rogers and transformativeness (absent the word itself, replaced with “artistic”).  There are … Continue reading →

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tell me no lyes: hair relaxer claims continue

Posted on August 8, 2018 by rtushnet

In re Amla Litigation, — F.Supp.3d —-, 2018 WL 3629226, No. 16-cv-6593 (S.D.N.Y. Jul. 31, 2018) Plaintiffs brought fifteen claims, including false advertising, against L’Oreal based on alleged defects in the Amla Legend Rejuvenating Ritual Relaxer, which is used to … Continue reading →

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claim that bulb lasts “up to” 25 times longer isn’t puffery

Posted on August 8, 2018 by rtushnet

Young v. Cree, Inc., 2018 WL 3659305, No. 17-cv-06252-YGR (N.D. Cal. Aug. 2, 2018) Young alleged that Cree engaged in an “unfair and deceptive practice of … promising consumers” that Cree’s light-emitting-diode bulbs “will last for particularly long periods of … Continue reading →

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ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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“designed for increased safety” and similar statements aren’t puffery on a motion to dismiss

Posted on August 7, 2018 by rtushnet

Universal Electric Corp. v. Baldwin, No. 17-cv-00842, 2018 WL 3707423 (W.D. Pa. Aug. 3, 2018) UEC “designs and manufactures products for the electrical power distribution industry” and “services the data center, retail, health care, higher education, and industrial markets across … Continue reading →

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