Author Archives: rtushnet

Three’s fair use too: play is transformative work

Posted on April 2, 2015 by rtushnet

Adjmi v. DLT Entertainment LTD., No. 14 Civ. 568 (S.D.N.Y. Mar. 31, 2015)   David Adjmi sued for a declaratory judgment that his play, 3C, based on Three’s Company, was a fair use, in order to be able to authorize … Continue reading →

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

ANA conference: Miss. AG Jim Hood

Posted on April 1, 2015 by rtushnet

Keynote Address, Jim Hood, Attorney General, State of Mississippi, President, National Association of Attorneys General (NAAG)   Law enforcement has to be moving to the internet, where crime is going. Worked with ISPs on child porn/hash screening. We do hacking, … Continue reading →

Posted in 230, advertising, google, http://schemas.google.com/blogger/2008/kind#post, privacy | Leave a comment

ANA conference: surveys

Posted on April 1, 2015 by rtushnet

What Do Consumers Think? Using Online Surveys To Demonstrate Implied Claims   David G. Mallen, Co-Chair, Advertising Disputes, Loeb & Loeb LLP: NAD now forum of choice for many ad challenges, especially since the standard of proof is different for … Continue reading →

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

ANA conference: keynotes

Posted on April 1, 2015 by rtushnet

2015 ANA Conference Keynote Address: Michael O’Rielly, Commissioner, FCC Missed most of this due to transit, but he thanked advertisers for defending their interests before the FCC and said they should be involved before an issue reaches his desk.  Not … Continue reading →

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

Reading list: descriptive and suggestive TMs

Posted on March 31, 2015 by rtushnet

Jake Linford, The False Dichotomy Between Suggestive and Descriptive Trademarks. Abstract: Classifying a trademark as descriptive rather than suggestive fundamentally alters the scope of trademark protection. A descriptive mark, derived from a feature of the product or service sold, only … Continue reading →

Posted in reading list, trademark | Leave a comment

A legitimate affiliation confusion claim?

Posted on March 27, 2015 by rtushnet

Grubbs v. Sheakley Group, Inc., 2015 WL 1321126, No. 1:13cv246 (S.D. Ohio Mar. 18, 2015)   The court adopted the magistrate judge’s recommendations in this case, dismissing Lanham Act claims (and RICO claims) and declining to retain jurisdiction over state … Continue reading →

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

Fair use quote of the day

Posted on March 26, 2015 by rtushnet

Rigsby v. Erie Ins. Co., No. 14-cv-905 (W.D. Wis. Mar. 16, 2015): “It is difficult to imagine how it could not be fair use for an insurer to copy or distribute a photograph for the purpose of evaluating an insured’s … Continue reading →

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

The cartoonist has no idea how fair use works

Posted on March 26, 2015 by rtushnet

Story here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Reading list: Campbell at 21/Sony at 31

Posted on March 26, 2015 by rtushnet

Jessica Litman, Campbell at 21/Sony at 31. As you’d expect, insightful and a pleasure to read. Extracts:   When copyright lawyers gather to discuss fair use these days, the most common refrain is its alarming expansion. This distress about fair … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, reading list, secondary liability | Leave a comment

Wannabe competitor lacks standing to challenge false advertising

Posted on March 25, 2015 by rtushnet

Maine Springs, LLC v. Nestlé Waters North America, Inc., 2015 WL 1241571, No. 2:14–cv–00321 (D. Me. Mar. 18, 2015)   Maine Springs was founded seven years ago to start a bottled water operation in Poland Spring, Maine. Maine Springs owned … Continue reading →

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