Author Archives: rtushnet

ISHTIP at Penn, part 1

Posted on July 22, 2015 by rtushnet

International Society for the History and Theory of Intellectual Property (ISHTIP) Program 2015   Center for Technology, Innovation, and Competition (Penn Law) and the Cinema Studies Program (Penn Arts and Sciences)   Early Career, Panel 1 | Peter Jaszi (American … Continue reading →

Posted in copyright, cultural property, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

Uber’s safety claims not all puffery

Posted on July 22, 2015 by rtushnet

L.A. Taxi Cooperative, Inc. v. Uber Technologies, Inc., — F. Supp. 3d —-, 2015 WL 4397706, No. 15-cv-01257 (N.D. Cal. Jul. 17, 2015)   Uber makes various safety-related claims, such as its website’s claims to offer the “SAFEST RIDES ON … Continue reading →

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BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

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Uber’s safety claims not all puffery

Posted on July 22, 2015 by rtushnet

L.A. Taxi Cooperative, Inc. v. Uber Technologies, Inc., — F. Supp. 3d —-, 2015 WL 4397706, No. 15-cv-01257 (N.D. Cal. Jul. 17, 2015)   Uber makes various safety-related claims, such as its website’s claims to offer the “SAFEST RIDES ON … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

Posted in consumer protection, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

First Circuit lifts injunction requiring D’s use of (R) for P’s mark

Posted on July 21, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., — F.3d —-, 2015 WL 4366624, No. 14–23241 (1st Cir. July 16, 2015) (Souter, J., sitting by designation)   The district court granted a preliminary injunction based on a contractual violation, but … Continue reading →

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Transformative work of the day, Miss Piggy edition

Posted on July 21, 2015 by rtushnet

Miss Piggy sings Rihanna’s BBHMM.  You’re welcome. from Blogger http://ift.tt/1VpvSL0

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First Circuit lifts injunction requiring D’s use of (R) for P’s mark

Posted on July 21, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., — F.3d —-, 2015 WL 4366624, No. 14–23241 (1st Cir. July 16, 2015) (Souter, J., sitting by designation)   The district court granted a preliminary injunction based on a contractual violation, but … Continue reading →

Posted in contracts, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Transformative work of the day, Miss Piggy edition

Posted on July 21, 2015 by rtushnet

Miss Piggy sings Rihanna’s BBHMM.  You’re welcome. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

What claims work when D allegedly drives P down in Google rank through copying?

Posted on July 17, 2015 by rtushnet

Ryoo Dental, Inc. v. Han, 2015 WL 4208580, No. 15–308 (C.D. Cal. Jul. 9, 2015)   Ryoo Dental, a dental practice, had a website to promote its services, and allegedly spent considerable sums on “search engine optimization fees, photographing, editing, … Continue reading →

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