Author Archives: rtushnet

Mardi Gras bead dogs live

Posted on December 5, 2016 by rtushnet

At least the trademark registration does.  Remember the Mardi Gras bead dog case, Nola Spice, in which the PTO accidentally accepted a Section 15 incontestability statement during the pendency of an appeal of an order cancelling the mark, even though … Continue reading →

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… and the Best Title of the Year award goes to Mark Lemley

Posted on December 2, 2016 by rtushnet

Inventor Sued for Infringing His Own Patent. You Won’t Believe What Happened Next Mark A. Lemley  Stanford Law SchoolNovember 30, 2016 from Blogger http://ift.tt/2gRnJjQ

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Update re: DMCA re-registration

Posted on December 2, 2016 by rtushnet

I have updated my original post to include the information that the Library of Congress, not the CO, set the password requirements, and to add a rant about how re-registration should not be a thing. from Blogger http://ift.tt/2gJ4skq

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Failing to disclose refund policy does not make price claims literally false

Posted on December 2, 2016 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., — Fed.Appx. —-, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4th Cir. Dec. 1, 2016) Lower court opinion discussed here.  The court of appeals affirmed the district court’s rejection of the parties’ … Continue reading →

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Saving people, suing things: TM lawsuit over -hunter suffix continues

Posted on December 2, 2016 by rtushnet

Kenyon v. Clare, No. 16-cv-00191, 2016 WL 6995661 (M.D. Tenn. Nov. 29, 2016) Sherrilyn Kenyon sued Cassandra Clare alleging trademark/copyright violations arising from Clare’s books, the “Shadowhunter Series”; this opinion addresses only trademark claims, where a motion to dismiss proves … Continue reading →

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Ugly facts doom “Life is Beautiful” infringement claim: fraud on the PTO bars claim

Posted on December 2, 2016 by rtushnet

Amusement Art, LLC v. Life Is Beautiful, LLC, 2016 WL 6998566, No. 14-cv-08290 (C.D. Cal. Nov. 29, 2016) Defendant LIB hosts the Life is Beautiful festival in Las Vegas. In developing the festival’s style, founder Rehan Choudhry collected digital images … Continue reading →

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Copyright Office removes insult, adds new one with DMCA agent re-registration process

Posted on December 1, 2016 by rtushnet

Apparently one no longer has to provide a fax number to have a complete agent designation, which is good news.  (Welcome to the 21st century!)  But take a look at this password requirement: I’m sorry, CO, but you are not … Continue reading →

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Posted on November 30, 2016 by rtushnet

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading →

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Posted on November 30, 2016 by rtushnet

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading →

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Reading List: Legal Amateurism

Posted on November 29, 2016 by rtushnet

Legal Amateurism, Annelise Riles  Abstract:  Academics in the humanities and social sciences have often remarked upon the “amateuristic” quality of the analytical tools used by legal scholars. Rather than dismiss this quality out of hand, this paper approaches “legal amateurism” … Continue reading →

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