Author Archives: rtushnet

Can a “no-haggle” offer include negotiation? maybe not

Posted on January 11, 2016 by rtushnet

Dependable Sales & Service, Inc. v. Truecar, Inc., No. 15-cv-1742, 2016 WL 79992 (S.D.N.Y. Jan. 6, 2016)   Plaintiffs, 162 auto dealerships, sued TrueCar for false advertising under state and federal law.  TrueCar’s website tells prospective car buyers search that … Continue reading →

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Seen on the streets of NYC

Posted on January 11, 2016 by rtushnet

Photo by Mark Lemley: Does it matter whether Winebook sells both wine and books? from Blogger http://ift.tt/1P2WQBA

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AALS panel on the scope of IP rights

Posted on January 11, 2016 by rtushnet

Intellectual Property – Interpreting the Scope of IP Rights Moderator: Zahr Said, University of Washington School of Law   Margaret-Jane Radin, The University of Michigan Law School: Patent scope. The problem of describing innovation (thing in the world) in words. … Continue reading →

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Transformative work of the day, comics edition

Posted on January 7, 2016 by rtushnet

Icons Unmasked, Alex Solis.  I particularly like the historicization of the various animated figures. from Blogger http://ift.tt/1ISIiII

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Failure to show harm dooms many claims based on negative press release

Posted on January 6, 2016 by rtushnet

Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015)   Wow, this one’s been going on for a while.  Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading →

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Plaque buildup: Rosa Parks foundation loses publicity case

Posted on January 5, 2016 by rtushnet

Rosa & Raymond Parks Institute for Self Development v. Target Corp., No. 15-10880 (11th Cir. Jan. 4, 2016)   [Long description of Rosa Parks’ role in the Montgomery Bus Boycott and iconic status for the civil rights movement omitted, as … Continue reading →

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Prior use can’t be determined on motion to dismiss, even using Wayback Machine

Posted on December 31, 2015 by rtushnet

My Health, Inc. v. General Electric Co., 2015 WL 9474293, No. 15-cv-80 (W.D. Wis. Dec. 28, 2015)   GE allegedly uses MYHEALTH on a section of its website that provides health and benefits information to GE employees, http://ift.tt/1mrYzcM, infringing plaintiff’s … Continue reading →

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Bait and switch on different versions of the same brand isn’t TM infringement

Posted on December 31, 2015 by rtushnet

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015)   Adobe loses this case because of pleading and discovery choices, allowing the 9th Circuit to avoid harder first sale questions.  Christenson sold Adobe software, which he purchased … Continue reading →

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Selfie restraint: It’s hard to show fame and irreparable harm

Posted on December 30, 2015 by rtushnet

ArcSoft, Inc. v. Cyberlink Corp., 2015 WL 9455516, No. 15-cv-03707 (N.D. Cal. Dec. 28, 2015)   ArcSoft makes the Perfect365 selfie editing app, and sued defendants for infringing and diluting the trademarks/trade dress of that app with their YouCam Perfect … Continue reading →

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UK ASA doesn’t think “in association with” is enough to disclose an ad

Posted on December 30, 2015 by rtushnet

See this ruling on an ad for Michelin tires.  Note also the stricter regulation of comparative advertising than in the US. from Blogger http://ift.tt/1R8pIgy

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