Author Archives: rtushnet

District court largely upholds mandatory GE disclosures

Posted on May 4, 2015 by rtushnet

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No. 5:14–cv–117 (D. Vt. Apr. 27, 2015)   Relax, we’ll be here for a while.   Vermont passed a law, Act 120, requiring that manufacturers and retailers identify whether raw and processed … Continue reading →

Posted in advertising, commercial speech, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

Eco-friendliness is functional; so is rustic look of burlap

Posted on May 4, 2015 by rtushnet

Farmgirl Flowers, Inc. v. Bloom That, Inc., No. 14-CV-05657, 2015 WL 1939424 (N.D. Cal. Apr. 28, 2015) Farmgirl, a San Francisco-based florist selling locally farmed arrangements, sought a preliminary injunction against competitor Bloom That prohibiting it from using burlap sack … Continue reading →

Posted in trademark | Leave a comment

DC Comics thinks derivative works are creator-less

Posted on April 29, 2015 by rtushnet

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. from Blogger http://ift.tt/1zqOnYb

Posted in Uncategorized | Tagged , | Leave a comment

DC Comics thinks derivative works are creator-less

Posted on April 29, 2015 by rtushnet

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

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

The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, procedure, right of publicity | Leave a comment

briefly noted: another court rejects proof of purchase requirement for class ascertainability

Posted on April 27, 2015 by rtushnet

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. from Blogger … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Court makes the write choice on descriptive fair use

Posted on April 27, 2015 by rtushnet

Marketquest Group, Inc. v. BIC Corp., No. 11-cv-618 BAS (S.D. Cal. Apr. 17, 2015)   Marketquest website using All In One and The Write Choice marks Marketquest sued BIC for infringing its registrations for ALL-IN-ONE and THE WRITE CHOICE for, … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

briefly noted: another court rejects proof of purchase requirement for class ascertainability

Posted on April 27, 2015 by rtushnet

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Court makes the write choice on descriptive fair use

Posted on April 27, 2015 by rtushnet

Marketquest Group, Inc. v. BIC Corp., No. 11-cv-618 BAS (S.D. Cal. Apr. 17, 2015)   Marketquest website using All In One and The Write Choice marks Marketquest sued BIC for infringing its registrations for ALL-IN-ONE and THE WRITE CHOICE for, … Continue reading →

Posted in trademark | Leave a comment