Author Archives: rtushnet

Notre Dame Law Review Symposium, Panel Three

Posted on November 14, 2016 by rtushnet

Moderated by Shubham Mukherjee Graeme B. Dinwoodie, University of Oxford Law, “Territoriality in the Protection and Enforcement of Trademark Rights” As trade becomes more geog. expansive, so too do TM rights need to expand. Not new: goes back to 1883 … Continue reading →

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Notre Dame Law Review Symposium, Keynote Address – Honorable David W. McKeague, Sixth Circuit Court of Appeals

Posted on November 14, 2016 by rtushnet

Dissenter in Varsity Brands.  Case touches on boundary issues that are our subject. Perspective of a judge.  Apparel industry is huge; could also affect robotics, 3D printing, digital video.  We don’t know what they might do/how broad the scope of … Continue reading →

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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Using others’ product photos to advertise same product isn’t fair use

Posted on November 11, 2016 by rtushnet

Minka Lighting, Inc. v. Bath Kitchen Decor, LLC, No. ED CV 13-02370, 2015 WL 12743863 (C.D. Cal. Feb. 13, 2015) Minka sells ceiling fans, lighting products, and home accessories.  It exclusively uses (or tries, as the facts show) about 2000 … Continue reading →

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Gov’t brief in Lee v. Tam

Posted on November 10, 2016 by rtushnet

Available here.  They make the same “bumper sticker” argument that I think makes sense. from Blogger http://tushnet.blogspot.com/2016/11/govt-brief-in-lee-v-tam.html

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Yelp avoids liability for allegedly biased filter yet again

Posted on November 10, 2016 by rtushnet

Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small law office, sued Yelp for various claims, and Yelp brought an anti-SLAPP motion.  Although she … Continue reading →

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Consumer protection fellowship opportunity

Posted on November 9, 2016 by rtushnet

The ABA encourages 1Ls and 2Ls to apply for the Janet D. Steiger Fellowship Project. Students selected will serve eight or ten weeks during the summer of 2017 in the consumer protection or consumer affairs offices of participating state and … Continue reading →

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Airbnb had a bad day too: court rejects 230, First Amendment challenges to SF rental ordinance

Posted on November 9, 2016 by rtushnet

Airbnb, Inc. v. City and County of San Francisco, 16-cv-03615 (N.D. Cal. Nov. 8, 2016) Airbnb and HomeAway sought to enjoin SF’s ordinance making it a misdemeanor to provide booking services for unregistered rental units.  The court denied a preliminary … Continue reading →

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Evidence of good faith not relevant for liability, but relevant for damages in false advertising cases

Posted on November 8, 2016 by rtushnet

A.L.S. Enterprises, Inc. v. Robinson Outdoor Products, LLC, No. 14-CV-500, 2016 WL 4260062 (W.D. Mich. May 9, 2016) ALS sued Robinson for false advertising over odor control claims for its hunting apparel; the court in this and a related order … Continue reading →

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