Author Archives: rtushnet

Bad dilution claims are so common that they aren’t “exceptional” for fee-shifting, court rules

Posted on August 21, 2017 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that … Continue reading →

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reading list: Willis on remedies for consumer fraud

Posted on August 21, 2017 by rtushnet

Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading →

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Comparative advertising using P’s logo is nominative fair use

Posted on August 18, 2017 by rtushnet

SolarEdge Technologies Inc. v. Enphase Energy, Inc., 2017 WL 3453378 17-cv-04047 (N.D. Cal. Aug. 11, 2017) SolarEdge sued Enphase, a competitor in the business of selling electronic components for solar panels (aka PV modules), for false advertising and trademark infringement.  … Continue reading →

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taking customer list as conversion; false claims of official investigation as false advertising

Posted on August 18, 2017 by rtushnet

Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements.  Plaintiff NPK sued Nicholas Jackson and Jessica Lilga … Continue reading →

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Barton Beebe & Jeanne Fromer’s submission to PTO on streamlined cancellation proceedings

Posted on August 16, 2017 by rtushnet

Supporting the proposal, they summarize their evidence of overcrowding on the register.  Read it here. from Blogger http://ift.tt/2x4Wcm3

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Traveling pictures: trademark/publicity rights questions, bonus torts

Posted on August 16, 2017 by rtushnet

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough.  Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading →

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Traveling pictures: trademark/publicity rights questions, bonus torts

Posted on August 16, 2017 by rtushnet

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough.  Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading →

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Shoes and surveys (picture post)

Posted on August 16, 2017 by rtushnet

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement survey on … Continue reading →

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IPSC Breakout Session V

Posted on August 11, 2017 by rtushnet

Copyright Theory (my apologies; I had to leave early for a flight) Redundancy and AntiRedundancy In Copyright – Oren Bracha & John M. Golden Doctrines that overlap: fair use/functionality; fair use/improper appropriation; copyrightable subject matter originality; reproduction/derivative works rights (cautionary … Continue reading →

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IPSC Breakout Session IV

Posted on August 11, 2017 by rtushnet

Copyright Enforcement  Protecting Copyright Integrity – Shyamkrishna Balganesh & Gideon Parchomovsky Dominant theory: © is about value. Additional assumption: w/every exclusive right comes important limitations. Every grant of power is also clear placing of limits on scope of that power. … Continue reading →

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