Author Archives: rtushnet

returned goods sold as new were infringing, false advertising

Posted on February 13, 2015 by rtushnet

RFA Brands, LLC v. Beauvais, No. 13–14615, 2014 WL 7780975 (E.D. Mich. Dec. 23, 2014)   Plaintiffs make various electronics and accessories, with various registered marks. They use the same warehouse to distribute their products, which is in Commerce Township, … Continue reading →

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

New article on innovation in copyright licensing

Posted on February 13, 2015 by rtushnet

Rebecca Tushnet, All of this Has Happened Before and All of this Will Happen Again: Innovation in Copyright Licensing, Berkeley Technology Law Journal, Vol. 28, pp. 1447-1488, 2014   Abstract:      Claims that copyright licensing can substitute for fair use have … Continue reading →

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

Allegations of trademark "theft" falsifiable; other epithets puffery

Posted on February 13, 2015 by rtushnet

Candyland, Inc. v. Cornfields, Inc., No. 14-3119 (D. Minn. Feb. 5, 2015)   Candyland, which sells popcorn, candy, and chocolate, sued Cornfields and Snyder’s Lance for trademark infringement and unfair competition based on their use of the mark Chicago Mix.  … Continue reading →

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

AU IP/Gender conference (with a keynote from me)

Posted on February 12, 2015 by rtushnet

Reimagining IP/Gender: The Next Ten Years of Feminist Engagement with Intellectual Property Law   Presented with the Women and the Law Program American University Washington College of Law February 27, 2015 For registration and more information.   At the 11th … Continue reading →

Posted in copyright, fanworks, http://schemas.google.com/blogger/2008/kind#post, music, patent, presentations, traditional knowledge | Leave a comment

Third Circuit affirms competitor’s victory in college course copying case

Posted on February 11, 2015 by rtushnet

CollegeSource, Inc. v. AcademyOne, Inc., — Fed.Appx. —-, 2015 WL 469041, No. 12–4167 (3d Cir. Feb. 5, 2015)   CS and A1 compete in the market for college credit-transfer information. CS alleged that A1 misappropriated the contents of CS’s main … Continue reading →

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

False advertising claims over music licensing survive

Posted on February 11, 2015 by rtushnet

Tresóna Multimedia LLC v. Legg, 2015 WL 470228, No. CV–14–02141 (D. Az. Feb. 4, 2015) Tresóna is a music copyright licensing company that sells custom arrangement licenses for particular pieces of music, allowing the purchaser to arrange a piece of … Continue reading →

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

gay conversion therapy as NJCFA violation

Posted on February 11, 2015 by rtushnet

Slate on “gay conversion therapy” as a violation of the New Jersey Consumer Fraud Act, not to mention human dignity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

fake reviews actionable; unflattering comparison not

Posted on February 11, 2015 by rtushnet

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2015 WL 476287, No. CV 14–03954 (C.D. Cal. Feb. 5, 2015)   The parties compete in the market for home blenders.  Homeland makes the Bullet line, and Euro-Pro makes the Nutri Ninja Pro.  … Continue reading →

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Shore loser: "shorebilly" mark invalid for fraud

Posted on February 10, 2015 by rtushnet

Teal Bay Alliances, LLC v. Southbound One, Inc., 2015 WL 401251 (D. Md. Jan. 26, 2015)   It’s never good to have the court’s first sentence describe a plaintiff’s claims as “specious claims that—as exposed once the evidence was tested … Continue reading →

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Another keyword defendant victory, among other tort claims

Posted on February 10, 2015 by rtushnet

M-Edge Accessories LLC v. Amazon.com Inc., 2015 WL 403164,  No. MJG–11–3332 (D. Md. Jan. 29, 2015)   M-Edge started selling Kindle accessories soon after the Kindle was released. The parties’ relationship began well, but began to sour by 2011. M-Edge … Continue reading →

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