Author Archives: rtushnet

Slightly cooler take on Tam

Posted on June 21, 2017 by rtushnet

I will have some more thoughts in Tam in a forthcoming amicus brief arguing that dilution is unconstitutional.  I think this was about the least harmful affirmance the Court could have written, though for precisely that reason it leaves a … Continue reading →

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Court approves conjoint analysis to determine damages in consumer class action

Posted on June 19, 2017 by rtushnet

Morales v. Kraft Foods Group, Inc., 2017 WL 2598556, No. CV14-04387 (C.D. Cal. Jun. 9, 2017) Plaintiffs alleged that they were misled by Kraft’s use of the term “natural cheese” on its “Natural Cheese Fat Free Shredded Fat Free Cheddar … Continue reading →

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Will B&B preclusion become typical?

Posted on June 19, 2017 by rtushnet

Buzz Seating, Inc. v. Encore Seating, Inc., No. 16-cv-1131 (S.D. Ohio Jun. 16, 2017) This case suggests that B&B is quite a broad decision, despite some cautionary statements in the Court’s opinion—you can avoid B&B preclusion if you sell goods … Continue reading →

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TM question of the day, we all scream edition

Posted on June 16, 2017 by rtushnet

I’m reasonably sure Joy ice cream cones aren’t not owned by the owner of rights in Pepperidge Farm goldfish or Teddy Grahams, so how should we think about these suggestions on the back of the package? from Blogger http://ift.tt/2sxb5yy

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Failure to plead with particularity dooms supplement false advertising claim

Posted on June 15, 2017 by rtushnet

Nutrition Distribution, LLC v. New Health Ventures, LLC, 2017 WL 2547307, No. 16-cv-02338 (S.D. Cal. Jun. 13, 2017) Nutrition Distribution sued New Health for false advertising of supplement products containing various “Selective Androgen Receptor Modulators (“SARMS”)” such as “Ostarine.” After … Continue reading →

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Fair use is the fifth season in Jersey Boys case

Posted on June 15, 2017 by rtushnet

Corbello v. DeVito, No. 08-cv-00867 (D. Nev. Jun. 14, 2017)  One reason fair use jurisprudence can be frustrating is that it has become the place to store many conclusions that the defendant didn’t copy enough of what was protectable in … Continue reading →

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Long review: of land (and other) registration

Posted on June 14, 2017 by rtushnet

Benito Arruñada, Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries: This book’s only significant weakness is the extremely dry and abstract way in which it’s written; theoretically it is extremely helpful in explaining the special functions of … Continue reading →

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false advertising claim based on (c) ownership not preempted, court rules

Posted on June 14, 2017 by rtushnet

Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Register Karyn Temple Claggett) in her capacity as the Register of Copyrights, as well as ARC/Conrad … Continue reading →

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Oh, the Lawsuits You’ll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too

Posted on June 14, 2017 by rtushnet

Dr. Seuss Enters., L.P. v. Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. Cal. Jun. 9, 2017) Plaintiff owns the rights to Seuss’s Oh, the Places You’ll Go! (Go!).  Defendants created a Kickstarter for Oh, the Places You’ll Boldly Go! … Continue reading →

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Oh, the Lawsuits You’ll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too

Posted on June 14, 2017 by rtushnet

Dr. Seuss Enters., L.P. v. Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. Cal. Jun. 9, 2017) Plaintiff owns the rights to Seuss’s Oh, the Places You’ll Go! (Go!).  Defendants created a Kickstarter for Oh, the Places You’ll Boldly Go! … Continue reading →

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