Author Archives: rtushnet

Bobby Brown’s failed ROP claim shows some of the cracks in the current ROP tests

Brown v. Showtime Networks, Inc., No. 18 Civ. 11078 (CM) (JLC), 2019 BL 290214 (S.D.N.Y. Aug. 02, 2019) Bobby Brown and the Estate of Bobbi Kristina Brown sued Showtime and the BBC (which got out of the case on jurisdictional … Continue reading

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click tracking makes online false advertising harm reparable, preliminary injunction inappropriate

Carson Optical, Inc. v. Alista Corp., 2019 WL 3729460, No. 19-cv-1725 (SJF)(AKT) (E.D.N.Y. Aug. 8, 2019) Carson sells three products on Amazon that have a magnifying mirror: a folding compact lighted mirror, a round lighted mirror with suction cup base, … Continue reading

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anti-tanning public service campaign targeted all tanning salons, thus couldn’t disparage them

JB & Associates, Inc. v. Nebraska Cancer Coalition, — N.W.2d —-, 303 Neb. 855, No. S-18-719, 2019 WL 3756342 (Aug. 9, 2019) Appellants, several tanning salons, appealed their dismissal of defamation and product disparagement claims under Nebraska’s Uniform Deceptive Trade … Continue reading

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statements about guest’s supposed misbehavior at fan convention aren’t actionable under Lanham Act

Alexander v. Falk, 2019 WL 3717802, No. 16-cv-02268-MMD-GWF (D. Nev. Aug. 7, 2019) Randi Alexander and Jackson Young sued a bunch of entities mostly for defamation and disparagement under federal and Nevada laws. “Alexander is an erotic romance novelist and … Continue reading

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ownership of building doesn’t convey ownership of (once related) tenant’s TM

Long Grove Investments, LLC v. Baldi Candy Co., No. 18-cv-5237, 2019 WL 3716841 (N.D. Ill. Aug. 7, 2019) Plaintiff Long Grove owns a building in Long Grove, Illinois, “in which a beloved bakery, the Long Grove Apple Haus, once thrived, … Continue reading

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IPSC: Closing Plenary

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading

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IPSC: Copyright History

Bruce Boyden, Marquette University Law School Substantial Similarity, from Equity to Legal Process Multistep tests as recent inventions. Test for infringement was created in a very different legal environment and many of its current problems stem from the fact that … Continue reading

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