Author Archives: rtushnet

Proposed amicus brief in Zenimax v. Oculus

Posted on June 14, 2017 by rtushnet

Mark McKenna and I put together an amicus brief in this case, arguing that the false designation of origin verdict based on claims about who invented certain technology was precluded by Dastar (and nominative fair use, to the extent it was … Continue reading →

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“unapproved drug” claims fail post-Pom, but not challenge to “natural” claim

Posted on June 12, 2017 by rtushnet

Hi-Tech Pharmaceuticals, Inc. v. Hodges Consulting, Inc., 2016 WL 8856671, No. 16-cv-00906 (N.D. Ga. Dec. 13, 2016) Hi-Tech and Hodges compete in the dietary supplement market for body builders.  Hi-Tech sued for patent infringement, as well as for false advertising. … Continue reading →

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New piece on the right of publicity and its limits

Posted on June 10, 2017 by rtushnet

Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 NOTRE DAME L. REV. 1549 (2017). from Blogger http://ift.tt/2s6h652

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Even where irreparable harm is “logical” you still need more than assertions

Posted on June 8, 2017 by rtushnet

Rann Pharmacy, Inc. v. Shree Navdurga LLC, 2017 WL 2442975, No. 17-1893 (E.D. Pa. Jun. 6, 2017) Previously, the court enjoined defendants from using the service mark RAMS PHARMACY in Lansdale, Pennsylvania, because it was likely to cause confusion with … Continue reading →

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Transformative work of the day, you don’t stop edition

Posted on June 8, 2017 by rtushnet

40 Years of Hip Hop, condensed into 4 minutes. from Blogger http://ift.tt/2rFNXwT

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Depressed sales and asserted loss of prestige aren’t irreparable harm

Posted on June 7, 2017 by rtushnet

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein.  Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes.  (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading →

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Copyright v. false advertising in medical devices

Posted on June 6, 2017 by rtushnet

Healthmate Int’l, LLC v. French, 2017 WL 2389715, No. 15-0761 (W.D. Mo. Jun. 1, 2017) The parties (including defendant Rampant Lion) compete to sell TENS units, which administer electrical current to portions of the body in order to relieve pain. … Continue reading →

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Click fraud claim against Google fails

Posted on June 6, 2017 by rtushnet

Singh v. Google Inc., 2017 WL 2404986, No. 16-cv-03734 (N.D. Cal. Jun. 2, 2017) Singh alleged that Google falsely induced small businesses to participate in AdWords, resulting in payment for invalid clicks. Singh alleged: (1) breach of the implied covenant … Continue reading →

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Overstock ordered to pay multimillion penalty for falsely advertising comparison prices

Posted on June 5, 2017 by rtushnet

People v. Overstock.Com, Inc., — Cal.Rptr.3d —-, 2017 WL 2391814, No. A141613 (Cal. Ct. App. Jun. 2, 2017) The trial court found that Overstock, an online retailer whose value proposition is “the lowest prices on the Internet,” had engaged in … Continue reading →

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Reversing meaning is transformative in use of composition, court rules

Posted on June 1, 2017 by rtushnet

Smith v. Cash Money Records, Inc., No. 14-cv-02703 (S.D.N.Y. May 30, 2017) In 1982, Jimmy Smith recorded a mostly instrumental album released by Elektra/Asylum Records titled Off the Top.  The last track is a spoken-word recording titled “Jimmy Smith Rap” … Continue reading →

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