Author Archives: rtushnet

ABA Blawg 100/Hall of Fame

Posted on November 29, 2016 by rtushnet

I’ve made the ABA Blawg Hall of Fame, as well as the Blawg 100, which is very nice.  I believe it’s in part a reward for persistence, as I’ve been at this since 2003 (though I only got serious in … Continue reading →

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TM question of the day, high heel edition

Posted on November 28, 2016 by rtushnet

We know that Louboutin’s red sole mark is only valid as applied to shoes with contrasting uppers.  So, do these shoes infringe?  (In case it’s hard to tell, I’d describe the sole color as a fairly bright pink.)  Do they … Continue reading →

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Breakfast break: energy claims not misleading by US standards

Posted on November 28, 2016 by rtushnet

Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”:  ​ The … Continue reading →

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Fourth Circuit rejects attempt to control references to expert services with IP

Posted on November 28, 2016 by rtushnet

File under “we need a federal anti-SLAPP law.” Devil’s Advocate, LLC v. Zurich Am. Ins. Co., No. 15-1048, 2016 WL 6871905, — Fed.Appx. —- (4th Cir. Nov. 22, 2016) John W. Toothman is a lawyer and the founder of Devil’s … Continue reading →

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Court tentatively holds that NY’s GBL covers damage via personal injury

Posted on November 21, 2016 by rtushnet

Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming injuries based on their use of Monsanto’s herbicide Roundup. Along with products liability claims, they brought claims under New … Continue reading →

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Pro tip: don’t refer to delayed TM claim as “lottery ticket”

Posted on November 21, 2016 by rtushnet

Dropbox secured a rare laches ruling based in significant part on internal discussions by the other claimant to “dropbox” about how delaying a claim until after Dropbox’s IPO would increase the payout.  Via DuetsBlog. from Blogger http://ift.tt/2geplUQ

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Truthful report about injunction not misleading, even if injunction shouldn’t have been issued

Posted on November 21, 2016 by rtushnet

Peek v. Whittaker, 2016 WL 6806265,  No. 13-cv-1188 (W.D. Pa. Nov. 17, 2016) The parties, floor care businesses, are in a litigation deathmatch; this case is a follow-on to a state court lawsuit.  Whittaker sold carpet cleaning machines and fluids … Continue reading →

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When Lexmark raises the standard: competitor fails to show harm causation from literal falsity

Posted on November 21, 2016 by rtushnet

Snac Lite, LLC v. Nuts ‘N More, LLC, 2016 WL 6778268, No. 14-cv-01695 (N.D. Ala. Nov. 16, 2016) Snac Lite sued NNM for misrepresenting the protein content of its specialty nut butters.  The court granted summary judgment, despite past literally … Continue reading →

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Jaszi festschrift–abbreviated panel 4

Posted on November 18, 2016 by rtushnet

Pam Samuelson Reflections Praised Jaszi’s leadership in fighting White Paper, Digital Future Coalition; the DMCA could have been much worse. Reached out to people who think about copyright ownership who aren’t lawyers. Panel 4 – Pedagogy Plus Joseph Liu and … Continue reading →

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Jaszi Festschrift, Panel 3 Fair use

Posted on November 18, 2016 by rtushnet

Michael Donaldson, Reflections: More lobbyists in Congress for © industries than there are members of Congress.  But fair use guidelines for documentary film weren’t threatening, especially once there was insurance for filmmakers who used the guidelines.  Good fair use decisions, … Continue reading →

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