Author Archives: rtushnet

IP question of the day, Harper Lee edition

Posted on February 4, 2015 by rtushnet

Amazon’s Write On is its project challenging Wattpad, trying to develop writers–including fan writers.  Participants aren’t compensated, but this is a commercial endeavor on Amazon’s part and presumably it will try to transition the successful ones to paid publishing.  So, … Continue reading →

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

New article: images and the right of publicity

Posted on February 3, 2015 by rtushnet

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015)   Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings, preemption, right of publicity | Leave a comment

Reading list: Craswell on sports team nicknames

Posted on February 3, 2015 by rtushnet

Richard Craswell, When Nicknames Were Crowd-Sourced ~ OR ~ How to Change a Team’s Nickname   Craswell is an excellent writer with an engaging topic even for a non-sports fan like me. Treat yourself to this short monograph.  Excerpt:   … Continue reading →

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230 defeats false advertising claim against search engines

Posted on February 3, 2015 by rtushnet

Baldino’s Lock & Key Service, Inc. v. Google, Inc., No. 1:14-cv-00636 (E.D. Va. Jan. 27, 2015)   Defendants Yellowbook and Ziplocal provide online search engines for businesses, allowing search by type of service and geographic area.  Baldino’s is a Washington … Continue reading →

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Pom squad at the DC Circuit

Posted on February 2, 2015 by rtushnet

POM Wonderful, LLC v. Federal Trade Comm’n, No. 13-1060 (D.C. Cir. Jan. 30, 2015)   POM ran ads from 2003 to 2010 touting medical studies that supposedly showed that daily consumption of POM products could “treat, prevent, or reduce the … Continue reading →

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

Laches bars Fitbug’s TM claim against Fitbit

Posted on February 2, 2015 by rtushnet

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 350923, No. 13-1418 (N.D. Cal. Jan. 26, 2015)   Fitbit and Fitbug both make wearable electronic fitness tracking devices that connect to the internet and to other devices. They both have federal registrations. … Continue reading →

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Dastar doesn’t bar true reverse passing off claim

Posted on February 2, 2015 by rtushnet

Luxul Technology Inc. v. NectarLux, LLC, — F.Supp.3d —-, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015)   Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring. The parties contracted … Continue reading →

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

failure to conform exclusion precludes insurance coverage of false advertising

Posted on February 2, 2015 by rtushnet

General Star Indem. Co. v. Driven Sports, Inc., — F.Supp.3d —-, 2015 WL 307017, No. 14–CV–3579 (E.D.N.Y. Jan. 23, 2015)   General Star issued an insurance policy to Driven, which sold a “pre-workout energy supplement” called “Craze.” Driven was sued … Continue reading →

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

Trademark overreach of the day: ICE says "Yankees Suck" infringes

Posted on January 31, 2015 by rtushnet

Your tax dollars at work, protecting America from infringing merchandise: I don’t have much brief for protecting counterfeits, but I find it hard to believe this is the best use of public resources: “Gross misspellings of superstars’ names are one … Continue reading →

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Dastar-barred claim survives both as false advertising and false designation

Posted on January 30, 2015 by rtushnet

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014)   AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and … Continue reading →

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