Author Archives: rtushnet

false patent marking falls w/false advertising claim

Posted on August 7, 2017 by rtushnet

Infinity Headwear & Apparel, LLC v. Jay Franco & Sons, Inc., 2017 WL 3309724, No. 15-CV-1259 (S.D.N.Y. Aug. 2, 2017) Infinity sued Jay Franco for patent infringement, false marking, and false advertising.  Infinity has U.S. Patent No. 8,864,544, “Hooded Blanket … Continue reading →

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#1 is puffery, but 2-to-1 preference claims aren’t

Posted on August 4, 2017 by rtushnet

Trex Co. v. CPG Int’l LLC, No. 17-cv-00005, 2017 WL 3272013 (W.D. Va. Aug. 1, 2017) Trex sued defendant AZEK, its major competitor in the wood-alternative decking industry, for false advertising.  Trex has the largest market share and largest amount … Continue reading →

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#1 is puffery, but 2-to-1 preference claims aren’t

Posted on August 4, 2017 by rtushnet

Trex Co. v. CPG Int’l LLC, No. 17-cv-00005, 2017 WL 3272013 (W.D. Va. Aug. 1, 2017) Trex sued defendant AZEK, its major competitor in the wood-alternative decking industry, for false advertising.  Trex has the largest market share and largest amount … Continue reading →

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Post-Star Athletica question: input sought

Posted on August 4, 2017 by rtushnet

Is this shoe design copyrightable, yes or no?  Not just the arrangement of studs, but the overall design. from Blogger http://ift.tt/2v4Ubqd

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A few more ICE tidbits courtesy of FOIA

Posted on August 3, 2017 by rtushnet

As the result of ICE’s continued production, I’ve been able to review more from the sample of incidents we sought.  The key takeaways so far have already been covered–TM owners are the source of guidance, and they overreach, but most … Continue reading →

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Reading list: worthwhile terms of service?

Posted on August 3, 2017 by rtushnet

David A. Hoffman, Relational Contracts of Adhesion Abstract: Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on … Continue reading →

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The South (Butt) remembers

Posted on August 2, 2017 by rtushnet

Via Mark Lemley. How should this fare? Better than the Starks, one hopes. from Blogger http://ift.tt/2f8I3kg

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Seen around town(s), TM and right of publicity issues

Posted on July 31, 2017 by rtushnet

From Cambridge: Cola scented stickers in Coke-shaped bottle Pies that make even the tiniest hands feel huge  Also, I didn’t manage to grab a picture of the “Legally Brunette” shirt in the Law School Coop, but I wonder about that … Continue reading →

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Seen around town(s), TM and right of publicity issues

Posted on July 31, 2017 by rtushnet

From Cambridge: Cola scented stickers in Coke-shaped bottle Pies that make even the tiniest hands feel huge  Also, I didn’t manage to grab a picture of the “Legally Brunette” shirt in the Law School Coop, but I wonder about that … Continue reading →

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When life gives you Lemonade: court preserves copyright complaint against Beyoncé

Posted on July 31, 2017 by rtushnet

Estate of Barré v. Carter, No. 17-1057, 2017 WL 3188489 (E.D. La. Jul. 25, 2017) Plaintiffs alleged that they owned in the copyright in two YouTube videos created by Anthony Barré, a performance comedian and music artist from New Orleans … Continue reading →

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