Author Archives: rtushnet

Reading list: Hoofnagle on FTC Privacy Law

Posted on February 1, 2016 by rtushnet

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016) Review copy. The book will be available on Amazon Feb. 5.  This is a detailed, clearly written guide to the FTC, with specific attention to its privacy practices but … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Right of publicity question of the day

Posted on February 1, 2016 by rtushnet

Put someone’s image on a playing card.  Violation of the right of publicity?  Newsworthy?  Transformative?  What if the image is on the cards in order to solve a cold case?  Please discuss! from Blogger http://ift.tt/1nzAgKO

Posted in Uncategorized | Tagged | Leave a comment

Speech about a concluded, one-off auction isn’t advertising or promotion

Posted on February 1, 2016 by rtushnet

Reese v. Pook & Pook, LLC., 2016 WL 337022, No. 14-5715 (E.D. Pa. Jan. 27, 2016)   The Reeses collected antique toys, and filed for bankruptcy, at which point they were required to sell some of their collection. Defendant Pook … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Beware of Greeks bearing yogurt claims

Posted on January 30, 2016 by rtushnet

General Mills, Inc. v. Chobani, LLC, No. 16-CV-58 (N.D.N.Y. Jan. 29, 2016) GM also sued Chobani, and received an almost identical preliminary injunction, accompanied by an almost identical opinion, as that in Dannon’s case, reported earlier.  Yoplait Greek 100 was … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

It’s all Greek to me: chlorine claims over yogurt enjoined

Posted on January 29, 2016 by rtushnet

Chobani, LLC v. Dannon Co., No. 16-CV-30 (N.D.N.Y. Jan. 29, 2016) Chobani sued for a declaratory judgment that it wasn’t falsely advertising about Dannon; Dannon immediately filed its answer and counterclaims, and the court a bit over two weeks later … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

USPTO white paper on remix, first sale, and statutory damages

Posted on January 28, 2016 by rtushnet

Here.  No love for an exception for noncommercial user-generated content (Canada’s YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW’s contributions.  What is a bit aggravating is the apparent … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Lexmark gives some non-TM owners standing to sue for infringement

Posted on January 26, 2016 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2016 WL 266396, No. 08-11867 (E.D. Mich. Jan. 21, 2016)   This long-lived dispute goes another round of various motions in limine.  Innovation sued NVE for trademark infringement; NVE counterclaimed for false advertising.  Here, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Court rejects Zippo jurisdiction test but allows suit over alleged copying

Posted on January 25, 2016 by rtushnet

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp. 3d —-, 2016 WL 247574,  No. 2:14-cv-00867 (D. Utah Jan. 20, 2016)   Mostly a personal jurisdiction ruling in this copyright/patent infringement/false advertising case brought by Kindig, which customizes … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Showing irreparable harm isn’t easy

Posted on January 25, 2016 by rtushnet

Pruvit Ventures, Inc. v. ForeverGreen International LLC, — F.Supp.3d —-, 2015 WL 9876952 No. 15-CV-571 (E.D. Tex. Dec. 23, 2015) (magistrate judge)   Defendants moved for a preliminary injunction on their counterclaims involving dietary suppplements.  Defendant Axcess is the exclusive … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

NYT throws hissy-fit, sues over use of thumbnails in critical book

Posted on January 25, 2016 by rtushnet

David Shields recently published War Is Beautiful: The New York Times Pictorial Guide to the Glamour of Armed Conflict.  The argument of the book is that the images chosen by the Times to decorate its front pages glamorize and glorify … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment