Author Archives: rtushnet

Court gags on Utah’s ag-gag law

Posted on July 13, 2017 by rtushnet

Animal Legal Defense Fund v. Herbert, No. 13-cv-00679 (D. Utah Jul. 7, 2017) The court strikes down Utah’s ag-gag law, relying on Alvarez, Reed, and the idea that not all access procured by lying is “trespass” or “harmful.” H/T James … Continue reading →

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Documents from my ICE suit

Posted on July 13, 2017 by rtushnet

Available here, via Public Citizen. From what we have, I think it’s fair to say that most seizures are legitimate counterfeits, so to speak.  That doesn’t excuse ICE or the brand owners who supply them with information from the obligation … Continue reading →

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Another thought on ICE’s statements

Posted on July 5, 2017 by rtushnet

This isn’t specifically IP-related, but I’m pondering the part of my FOIA suit requesting training materials for ICE agents relying on case law, etc.  Initially, the ICE spokesperson who responded to my inquiry said that ICE based its seizure decisions … Continue reading →

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Today in likely unlicensed goods

Posted on July 5, 2017 by rtushnet

These Joker fireworks: And just because the typo is awesome–not a portmanteau word you see that often, or usually want to have go together: “open cap to explose the fuse” from Blogger http://ift.tt/2tITnZO

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NFL is advising ICE to seize obvious parodies, my FOIA suit reveals

Posted on July 5, 2017 by rtushnet

When last I reported on this, the judge had ordered ICE to unredact materials showing company advice to ICE to seize parody merchandise, since such merchandise wasn’t counterfeit and there could be no legitimate law enforcement interest in keeping this … Continue reading →

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NFL is advising ICE to seize obvious parodies, my FOIA suit reveals

Posted on July 5, 2017 by rtushnet

When last I reported on this, the judge had ordered ICE to unredact materials showing company advice to ICE to seize parody merchandise, since such merchandise wasn’t counterfeit and there could be no legitimate law enforcement interest in keeping this … Continue reading →

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a few misrepresentations aren’t commercial advertising or promotion

Posted on July 5, 2017 by rtushnet

Solmetex, LLC v. Dental Recycling, Inc., No. 17-cv-860, 2017 WL 2840282 (S.D.N.Y. Jun. 26, 2017) The parties compete in the market for devices for removing particulate from dental office wastewater. (Did I mention how much I love learning about market … Continue reading →

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FilmOn’s chutzpah doesn’t pay off; labeling it a site of (c) infringement is protected by anti-SLAPP law

Posted on July 3, 2017 by rtushnet

FilmOn.com v. DoubleVerify, Inc., 2017 WL 2807911, No. B264074 (Cal. Ct. App. Jun. 29, 2017) FilmOn, an Internet-based entertainment media provider, sued DoubleVerify, a provider of authentication services to online advertisers, for trade libel and related claims for falsely classifying … Continue reading →

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9th Circuit upholds SF ordinance targeting false advertising by pregnancy centers

Posted on June 30, 2017 by rtushnet

First Resort, Inc. v. Herrera, 2017 WL 2766094, — F.3d –, No. 15-15434 (9th Cir. Jun. 27, 2017) First Resort, a nonprofit providing free pregnancy-related services, challenged San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, which targeted false or misleading … Continue reading →

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Reading list: unregistered marks in the EU

Posted on June 30, 2017 by rtushnet

Verena von Bomhard & Artur Geier, Unregistered Trademarks in EU Trademark Law, Trademark Reporter, May-June, 2017 Vol. 107 No. 3 Abstract: The European Union (“EU”) trademark system is based on registration. Nevertheless, the laws of the EU Member States also … Continue reading →

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