Author Archives: rtushnet

Design Patent Damages event in DC, Aug. 2

Posted on July 29, 2016 by rtushnet

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

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Court of appeals says FU to state university’s TM claim

Posted on July 28, 2016 by rtushnet

Florida International University Board of Trustees v. Florida National University, Inc., 2016 WL 4010164, — F.3d —-, No. 15-11509 (11th Cir. Jul. 26, 2016) FIU sued FNU for changing its name from Florida National College to Florida National University; the … Continue reading →

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Incentivizing creativity through suffering?

Posted on July 26, 2016 by rtushnet

Ana Swanson at the Washington Post reports on a study that appears to connect unhappiness with greater creativity.  If we care about incentivizing creative output, should we therefore deliberately torment artists? Borowiecki’s analysis suggests that negative emotions are not just … Continue reading →

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Reading list: the First Amendment and the FDA

Posted on July 26, 2016 by rtushnet

Christopher Robertson, A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming, __ Ohio State Law Journal __ (2017) Abstract: Scholars, advocates, and courts have begun to recognize a First Amendment … Continue reading →

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Failure to do anything to show damages leads to fee award in false advertising case

Posted on July 26, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., No.13-CV-642, 2016 WL 3920208 (E.D.N.C. Jul. 15, 2016) Bringing false advertising claims isn’t risk free for the plaintiff. Not only may the defendant scrutinize the plaintiff’s own advertising for counterclaims, attorney’s fee awards against a … Continue reading →

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Settlement class can’t stand where settlement notice gave mistaken info

Posted on July 22, 2016 by rtushnet

Duran v. Obesity Research Institute, LLC, No. D067917, 2016 WL 3913205 (Cal. Ct. App. Jun. 23, 2016) Duran sued ORI and Wal-Mart for allegedly falsely advertising the weight loss benefits of Lipozene and MetaboUp. The court approved a claims-made settlement … Continue reading →

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IP Professors’ Amicus in Star Athletica v. Varsity Brands

Posted on July 22, 2016 by rtushnet

Filed today: Mark McKenna, Chris Sprigman, Mark Lemley, Tyler Ochoa, Betsy Rosenblatt, Pam Samuelson, Kathy Strandburg, and I submitted a brief in this copyright separability case, arguing that conceptual separability is simply a coda to physical separability, dealing with situations … Continue reading →

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Don’t send a TM to do a (c)’s job: 7th Circuit rules in Slep-Tone case

Posted on July 22, 2016 by rtushnet

Mark McKenna organized an amicus brief in this case, which was not cited by the court but advocated a position similar to that adopted by the panel. Phoenix Entertainment Partners, LLC v. Rumsey, No. 15-2844 (7th Cir. July 21, 2016) … Continue reading →

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court grants motion to dismiss on nominative fair use grounds

Posted on July 21, 2016 by rtushnet

Beachbody, LLC v. Universal Nutrients, No. 16-02015, 2016 WL 3912014 (C.D. Cal. July 18, 2016) Beachbody sued Universal and Wal-Mart for using its “shakeology” mark on product packaging and purchase receipts. The court granted defendants’ motion to dismiss—apparently the standard … Continue reading →

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Standard competitive bluster can be used as evidence of bad faith

Posted on July 14, 2016 by rtushnet

Hillman Group, Inc. v. Minute Key Inc., 2016 WL 3654437,  No.13-cv-00707 (S.D. Ohio Jul. 8, 2016) Hillman makes duplicate keys, sold in at mass merchants, home centers, automotive parts retailers, franchise and independent hardware stores, grocery/drug chains, parcel shipping outlets, … Continue reading →

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