Author Archives: rtushnet

Past falsity is no guarantee of present results

Posted on March 11, 2015 by rtushnet

Dyson, Inc. v. Euro-Pro Operating LLC, No. 14-cv-09442 (N.D. Ill. Mar. 10, 2015)   I’m going to try to go light on the details of the tests here, featuring evaluations of vacuums’ carpet cleaning power.  Bottom line: while Dyson brought … Continue reading →

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

art collector lacks remedy against foundation’s claim of inauthenticity

Posted on March 11, 2015 by rtushnet

Bilinski v. Keith Haring Foundation, Inc., 2015 WL 996423, No. 14cv1085 (S.D.N.Y. Mar. 6, 2015)   Keith Haring was a “prolific artist and social activist whose work responded to the New York City street culture of the 1980s.”  Plaintiffs alleged … Continue reading →

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

Foie gras as speech? even so, it can still be challenged under UCL

Posted on March 10, 2015 by rtushnet

Animal Legal Defense Fund v. LT Napa Partners LLC, 2015 WL 1004423, No. A139625 (Cal. Ct. App. Mar. 5, 2015   ALDF sued LT Napa alleging that defendants sold foie gras in their Napa restaurant in violation of California’s law … Continue reading →

Posted in california, consumer protection, first amendment, unfairness | Leave a comment

Copyright preemption bars athletes’ right of publicity claims against photo sales

Posted on March 10, 2015 by rtushnet

Maloney v. T3Media, Inc., No. 14-cv-05048 (C.D. Cal. Mar. 6, 2015)   Plaintiffs, members of the Catholic University basketball team from 1997 until 2001, sued T3, which provides cloud-based storage, hosting and licensing services for digital content uploaded by third-parties. … Continue reading →

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

Transformative work of the day, animal edition

Posted on March 10, 2015 by rtushnet

Hairy Otter, from an eagle-eyed (or is that otter-eyed) reader. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

None but Bob Marley’s heirs can free our minds

Posted on March 9, 2015 by rtushnet

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., — F.3d —-, 2015 WL 728031, No. 12–17502 (9th Cir. Feb. 20, 2015)   Despite being a plaintiff victory, there’s a fair amount in here that might hearten opponents of a generalized … Continue reading →

Posted in right of publicity, surveys, trademark | Leave a comment

Transformative use of the day, crossover edition

Posted on March 9, 2015 by rtushnet

Trust me, these are the droids you’re looking for. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in fanworks | Leave a comment

Violating taxi regulations isn’t unfair competition in Pa.

Posted on March 9, 2015 by rtushnet

Checker Cab Philadelphia, Inc. v. Uber Technologies, Inc., 2015 WL 966284, No. 14–7265 (E.D. Pa. Mar. 3, 2015)   Plaintiffs, taxi companies and their dispatch company, sought to enjoin Uber from operating an allegedly illegal taxi operation in Philadelphia; the … Continue reading →

Posted in unfairness | Leave a comment

You come at the queen, you best not miss: Oprah wins Own Your Power suit

Posted on March 6, 2015 by rtushnet

Kelly-Brown v. Winfrey, No. 11 cv 7875 (S.D.N.Y. Mar. 5. 2015)   Kelly-Brown and her company, Own Your Power Communications, Inc., sued Oprah Winfrey and related defendants, alleging that they unlawfully used plaintiffs’ “Own Your Power” trademark on the cover … Continue reading →

Posted in trademark | Leave a comment

Transformative use of the day, Vancouver edition

Posted on March 6, 2015 by rtushnet

Via an eagle-eyed friend. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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