Author Archives: rtushnet

Private Law and Intellectual Property conference at Harvard

Posted on March 11, 2016 by rtushnet

Opening Remarks: Henry Smith—exploring the connections between private law and IP.   Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”: A paper looking for a theory.  Why do we have an … Continue reading →

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Alleged Amazon shenanigans constitute use in commerce and commercial advertising/promotion

Posted on March 9, 2016 by rtushnet

Jae Enterprises, Inc. v. OxGord Inc., 2016 WL 865328, No. 15-CV-228 (W.D. Ky. Mar. 2, 2016)   Jae sells aftermarket automobile accessories under the mark Eagle Flight and designs. Jae entered into a distribution agreement with defendants, who resold the … Continue reading →

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My forthcoming article on 2(a) and the First Amendment

Posted on March 9, 2016 by rtushnet

Rebecca Tushnet, The First Amendment Walks into a Bar: Trademark Registration and Free Speech, Notre Dame Law Review (forthcoming)  This Essay analyzes the First Amendment arguments against §2(a)’s disparagement bar with reference to the consequences of any invalidation on the … Continue reading →

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Buddy, can you spare a TRO? No injunction for overlapping use of “big” and “hunting”

Posted on March 8, 2016 by rtushnet

Enerco Group, Inc. v. Deutsch, No. 16CV213, 2016 WL 852572 (N.D. Ohio Mar. 3, 2016)   Enerco sued Deutsch for false advertising and trademark infringement.  Enerco makes portable propane heaters called “Buddy Heaters,” used by outdoorsmen and fishermen in enclosures … Continue reading →

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Nook shuts down in UK; another reason to hate DRM

Posted on March 7, 2016 by rtushnet

But UK customers might get to keep access to certain books they “bought,” if all goes well.  As usual, xkcd had it right years ago. from Blogger http://ift.tt/21XgGao

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Initial comments on 1201: fixing what’s broken

Posted on March 7, 2016 by rtushnet

I’ve been reading through the initial comments on 1201 for the Copyright Office’s inquiry.  One overarching thought: current “winners”—successful exemption proponents—unanimously say the current process is broken.  Current losers—unsuccessful exemption opponents—occasionally express openness to minor tweaks, such as a meaningless … Continue reading →

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Copyright Office notice of inquiry on 1201

Posted on March 4, 2016 by rtushnet

Comments I’ve seen so far: Organization for Transformative Works comment (of which I am very proud!) Public Knowledge New America’s Open Technology Institute New Media Rights Joint Libertarian Comments (R Street, FreedomWorks, and Niskanen Institute) International Documentary Association Consumers Union … Continue reading →

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Anonymous defamatory posts are “advertising or promotion” under Lanham Act

Posted on March 4, 2016 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2016 WL 815205, No. 8-cv-0442 (S.D.N.Y. Feb. 29, 2016)   R&J sued Assara and a number of related people eight years ago.  The parties compete to offer laser hair … Continue reading →

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Land o’ (non)confusion: no dilution or reverse confusion with dissimilar goods

Posted on March 4, 2016 by rtushnet

Hugunin v. Land O’ Lakes, Inc., No. 15-2815 (7th Cir. Mar. 1, 2016)   This opinion reflects what you might call Judge Posner’s trademark mix of good sense and arrogance/lack of reasons enabling one to formulate an actual rule for … Continue reading →

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Trademark defendant wins rare unclean hands defense to injunction

Posted on March 3, 2016 by rtushnet

Cochran Firm, P.C. v. Cochran Firm Los Angeles LLP, — Fed.Appx. —, 2016 WL 770129, No. 15–55816 (9th Cir. Feb. 29, 2016)   A rare unclean hands win for a trademark defendant!  The Cochran Firm appealed the district court’s order … Continue reading →

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