Author Archives: rtushnet

idea/expression distinction saves Toyota ad from infringement claim

Posted on April 6, 2016 by rtushnet

Croak v. Saatchi & Saatchi, North America, Inc., No. 15 Civ. 7201 (S.D.N.Y. Mar. 31, 2016)   James Croak created a sculpture, “Pegasus, Some Loves Hurt More Than Others,” a mixed-media, life- sized work that was first exhibited in 1983. … Continue reading →

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Copyright Registration Practice with Rob Kasunic

Posted on April 5, 2016 by rtushnet

Copyright Registration Practice with Robert Kasunic Wednesday, April 06, 20162:00 PM – 5:30 PMAmerican University Washington College of Law4300 Nebraska Avenue, NW, Washington, DCCeremonial Courtroom NT01 Where I’ll be tomorrow, probably talking about jigsaw puzzles: Robert Kasunic, the Associate Register … Continue reading →

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Trademark issues seen in NYC

Posted on April 4, 2016 by rtushnet

Toy Store: Might Pixar have anything to say? Banned books matchbooks: Slaughterhouse-Five and Fahrenheit 451   from Blogger http://ift.tt/1UPFK2x

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comments on 512 from the Organization for Transformative Works

Posted on April 1, 2016 by rtushnet

Available here.  I look forward to participating in the Copyright Office’s roundtable as well.  from Blogger http://ift.tt/25AEJig

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User-generated discontent: patents, gender, and innovation

Posted on April 1, 2016 by rtushnet

The NYT has a fascinating story about innovation, menstruation, and the challenges of seeking backing for a project that combines the two. from Blogger http://ift.tt/25AEJ1E

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Smokeless, no fire: tobacco advertising & TM claims dismissed

Posted on March 29, 2016 by rtushnet

VMR Products, LLC v. V2H ApS, 2016 WL 1177834, No. 2:13–cv–7719 (C.D. Cal. Mar. 18, 2016)   VMR makes electronic cigarettes under the federally registered trademarks V2CIGS and V2. V2H ApS is a Danish tobacco company that makes a smokeless … Continue reading →

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Bar review question: is this false advertising?

Posted on March 28, 2016 by rtushnet

Themis Bar Review, LLC v. Kaplan, Inc., 2016 WL 1162624, No. 14-cv-00208 (S.D. Cal. Mar. 24, 2016)   Themis, a relative newcomer to the bar review business, advertised its students’ bar passage rates; a 2013 ad listed passage rates for … Continue reading →

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Foreign marks may be protected in the US under 43(a), Fourth Circuit rules

Posted on March 25, 2016 by rtushnet

Belmora LLC v. Bayer Consumer Care AG, No. 15-1335 (4th Cir. Mar. 23, 2016)   Disclosure: I worked on the brief for Belmora, the loser in this appeal.    Bayer (BCC) registered FLANAX in Mexico for pharmaceutical products, analgesics, and … Continue reading →

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Amicus brief in Fox v. TVEyes appeal

Posted on March 24, 2016 by rtushnet

Arguing that TVEyes’ database and its functions are fair use.  Thanks to the signers, especially Chris Sprigman, & I’m also grateful for the last-minute help of Michael Levy, for when I discovered that being an e-filer in the Second Circuit … Continue reading →

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Inconclusive investigation isn’t enough to give knowledge for contributory TM infringement purposes

Posted on March 23, 2016 by rtushnet

Spy Phone Labs LLC v. Google Inc., No. 15-cv-03756-PSG, 2016 BL 86393 (N.D. Cal. Mar. 21, 2016)   SPL registered Spy Phone as a mark (for something, I presume), and submitted its Android app, SPY PHONE Phone Tracker, to Google.  … Continue reading →

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