Author Archives: rtushnet

Journal of Patent & Trademark Office Society’s Mid-Atlantic student writing competition

Posted on September 16, 2015 by rtushnet

As the oldest publishing intellectual property law journal in America, the Journal of Patent & Trademark Office Society (JPTOS) provides a forum dedicated to the discussion of legal and technical subjects related to patent, trademark, and copyright laws.  JPTOS boasts … Continue reading →

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Event tomorrow on Public Interest Copyright Advocacy and Fair Use Education 1995-2015

Posted on September 16, 2015 by rtushnet

Event 1:00pm-5:30pm; Reception 5:30-7:00pm Room 603 – American University Washington College of Law, 4801 Massachusetts Ave NW http://ift.tt/1Lhnnht This event celebrates significant anniversaries of two initiatives that were launched at AUWCL – the 20th anniversary of the founding of the … Continue reading →

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Lochner in genespace?

Posted on September 16, 2015 by rtushnet

Here’s an argument that the First Amendment protects the ability to engage in genetic engineering.  (Title reference.) from Blogger http://ift.tt/1NCS9D3

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Carry on dancing: Lenz v. Universal

Posted on September 16, 2015 by rtushnet

Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107 (9th Cir. Sept. 14, 2015)   The OTW amicus brief gets a shoutout! Stephanie Lenz sued under 17 U.S.C. § 512(f), alleging that Universal misrepresented in a takedown notification that her 29-second … Continue reading →

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Descriptive and nominative fair use in China

Posted on September 16, 2015 by rtushnet

I found this article by Samiko Sun of Kangxin Partners PC to be quite informative–it seems that China has adopted a US-style approach to trademark fair use. from Blogger http://ift.tt/1NCS5TP

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Lanham Act doesn’t allow defendants to seek indemnity/contribution

Posted on September 11, 2015 by rtushnet

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 5226462 (E.D. Mo. Sept. 8, 2015)   Third-party defendant Diversified Ingredients moved to dismiss Blue Buffalo’s claims against it, arising from an underlying action in which … Continue reading →

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PhD scholarship in Music Industries and Digital Platforms

Posted on September 11, 2015 by rtushnet

Swinburne U (Australia) is offering a fully funded scholarship in Music Industries and Digital Platforms.  More details at the link. from Blogger http://ift.tt/1KeWji0

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Another internal website search engine case survives motion to dismiss

Posted on September 8, 2015 by rtushnet

Stiles v. Wal-Mart Stores, Inc., 2015 WL 5173060, No. 2:14–CV–2234 (E.D. Cal. Sept. 2, 2015) (magistrate judge)   Stiles allegedly patented the “Stiles Razor,” the only personal styling razor with a 1/8” blade and ergonomic handle allowing for safe and … Continue reading →

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First Amendment invalidates anti-solicitation ordinance in tourist district

Posted on September 8, 2015 by rtushnet

FF Cosmetics FL Inc. v. City of Miami Beach, No.. 14-cv-22072, 2015 WL 5145548 (S.D. Fla. Aug. 31, 2015)   Plaintiffs run stores in Miami Beach, selling cosmetics, skin care, and beauty products on Lincoln Road, in the City’s historic … Continue reading →

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Third Circuit confirms that consumers still lack Lanham Act standing

Posted on September 8, 2015 by rtushnet

Knit With v. Knitting Fever, Inc., — Fed.Appx. —-, 2015 WL 5147749, No. 12–3219 (Sept. 2, 2015)   This long-running, contentious litigation comes to an end (perhaps) with the court of appeals’ affirmance of the district court’s rejection of various … Continue reading →

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