Author Archives: rtushnet

court declines to dismiss hashtag infringement claim

Posted on April 8, 2015 by rtushnet

Fraternity Collection, LLC v. Fargnoli, 2015 WL 1486375, No. 3:13–CV–664 (S.D. Miss. Mar. 31, 2015)   Fraternity Collection designs and sells shirt, including the “Pocket Shirt,” a custom article of clothing in which customers pick a particular style of shirt … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, secondary liability, tortious interference, trademark | 1 Comment

Is nominative fair use an affirmative defense in the 9th Circuit?

Posted on April 8, 2015 by rtushnet

Zest IP Holdings, LLC v. Implant Direct Mfg. LLC, No. 10cv541, 2015 WL 1510755 (S.D. Cal. Feb. 3, 2015)   As usual, I’m ignoring the patent parts of this patent/trademark/false advertising case.  Zest alleged that Implant Direct sold the “GoDirect” … Continue reading →

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

former founder’s overclaiming not enough for likely success on false association

Posted on April 8, 2015 by rtushnet

Infogroup, Inc. v. DatabaseLLC, — F.Supp.3d —-, 2015 WL 1499066, No. 8:14–CV–49 (D. Neb. Mar. 30, 2015)   The parties compete in the market for databases about consumers and businesses.  Individual defendants are all former employees of Infogroup, including Vinod … Continue reading →

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

I talk about defamation law

Posted on April 7, 2015 by rtushnet

With a bit of background for a story on Rolling Stone’s UVa story (where recklessness may play a key role), and separately for a story on ALEC’s somewhat surprising threats that calling it a climate denialist is defamatory.   http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in defamation | Leave a comment

Transformative use of the day, fair use for me but not for thee edition

Posted on April 6, 2015 by rtushnet

At this link, the Graphic Artists Guild shares news about its opposition to fair use and to “piracy,” … and a remix video demonstrating what Hollywood thinks about graphic designers, taking clips from multiple movies and shows to make its … Continue reading →

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terminated franchisee can sue UPS for false advertising by other franchisees

Posted on April 6, 2015 by rtushnet

UPS Store, Inc. v. Hagan, No. 14cv1210, 2015 WL 1456654 (S.D.N.Y. Mar. 24, 2015)   I’m eliminating large chunks of this dispute involving a terminated UPS franchisee sued for trademark infringement and breach of contract.  The Hagans operated UPS franchise … Continue reading →

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

lack of injury dooms false advertising claim based on patent invalidity

Posted on April 6, 2015 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., No. 11–12278, 2015 WL 1442456 (D. Mass. Mar. 31, 2015) Bern, which makes sports helmets, sued six competitors for trade dress infringement of its allegedly unique design, with a small visor and rounded shape.  … Continue reading →

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

ANA conference: litigating Lanham Act damages

Posted on April 3, 2015 by rtushnet

Litigating Damages Claims In Lanham Act False Advertising Cases   Alexander Kaplan, Partner, Proskauer Rose LLP: Case law on damages can be tricky/inconsistencies between circuits.  What’s recoverable?  1117(a): D’s profits; damages sustained by P; costs of action.  Statute doesn’t prevent … Continue reading →

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

ANA conference: native advertising

Posted on April 3, 2015 by rtushnet

The Natives Are Restless: Legal Perspectives On Native Advertising   John P. Feldman, Partner, Reed Smith LLP: ads have been considered deceptive for not disclosing they are ads/source.  Native ads = sponsored content formatted to fit seamlessly into modern media. … Continue reading →

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

Even post-Lexmark, Lanham Act isn’t for garden variety defamation claims

Posted on April 2, 2015 by rtushnet

Mitchell v. Sanchez, No. 14–0996–CV, 2015 WL 1393266 (W.D. Mo. Mar. 25, 2015)   Mitchell alleged that defendants incorrectly stated on various media broadcasts that she had AIDS/HIV. She sued for violation of the Lanham Act, invasion of privacy and … Continue reading →

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