Author Archives: rtushnet

WIPIP, plenary session 1

Posted on February 19, 2016 by rtushnet

WIPIP, University of Washington School of Law Plenary Session 1: Innovation Policy   Stephanie Bair, Promoting the Useful Arts: Corporate Edition   87% of patents are assigned to organizations, not individuals.  How to motivate individuals/employees?  Assumption is usually that companies … Continue reading →

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Uber and out: court grants limited but still tricky injunction against Uber

Posted on February 18, 2016 by rtushnet

Uber Promotions, Inc. v. Uber Technologies, Inc., No. 15-cv-206 (N.D. Fla. Feb. 16, 2016)   This is a hardcore test of how you feel about consumer protection as the sole legitimate aim of trademark law.  Uber Technologies (Tech) rolled into … Continue reading →

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No compelling interest in right of publicity for private figure, 9th Circuit rules

Posted on February 18, 2016 by rtushnet

Sarver v. Chartier, No. 11-56986 (9th Cir. Feb. 17, 2016)   Shorter opinion about why the film The Hurt Locker didn’t violate Army Sergeant Jeffrey Sarver’s right of publicity: “video games are different.”  Sarver led a team in Iraq to … Continue reading →

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High-quality health care claims are puffery

Posted on February 16, 2016 by rtushnet

Intermountain Stroke Center, Inc. v. Intermountain Health Care, Inc., — Fed.Appx. —-, 2016 WL 523613, No. 14–4045 (10th Cir. 2016)   Intermountain Health Care is a large hospital/clinic/doctor network.  Before it ceased business in 2013, the Stroke Center provided “same-day … Continue reading →

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Reading list: the class action as trust

Posted on February 16, 2016 by rtushnet

Sergio J. Campos, The Class Action as Trust.  Abstract: The class action is controversial because the class attorney can litigate or settle the claims of the class members without their consent. Many scholars have turned to corporate law to address … Continue reading →

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seller-incentivized reviews might be misleading (and violate FTC guidelines)

Posted on February 16, 2016 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 538458, No. 13-CV-982 (D. Utah Feb. 9, 2016)   The parties (plaintiff d/b/a NutriGold and defendant d/b/a NatureWise) make and sell dietary supplements online, including on Amazon; their competing products  include one … Continue reading →

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Rules of Engagement for Valentine’s Day

Posted on February 12, 2016 by rtushnet

I talked about the rules of engagement for Valentine’s Day in this YouTube video from Georgetown. The Note on which this is based can be found here. from Blogger http://ift.tt/1PS0QtD

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Reading list: Feminist values in the Archive of Our Own

Posted on February 10, 2016 by rtushnet

Casey Fiesler et al. have written An Archive of Their Own: A Case Study of Feminist HCI and Values in Design (CHI 2016), a paper about feminist principles and human-computer interaction in the Archive of Our Own.  As a noncommercial … Continue reading →

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From tarnished financial brand to ashy whiskey?

Posted on February 8, 2016 by rtushnet

This story about Lehman Brothers whiskey is … well, it is what it is.  I’m not sure I’ve seen a similar use of an abandoned mark before. from Blogger http://ift.tt/1SEJYZX

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The rest is silence: #thatswhatshesaid goes on, redacted

Posted on February 8, 2016 by rtushnet

Here’s the story.  Apparently Pike just got another C&D from the holder of the rights in the play The Whipping Man, which is apparently represented in Pike’s work by the sound of 72 pages flipping (because there are no women in … Continue reading →

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