Author Archives: rtushnet

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 →

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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

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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

Public comments on proposed DMCA classes

Posted on February 10, 2015 by rtushnet

Public comments on the proposed DMCA classes are up. I had the great privilege of working with EFF’s Corynne McSherry on the noncommercial remix exemption.  The comment of EFF and the Organization for Transformative works is here.  I believe we … Continue reading →

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

false claim of gov’t affiliation not actionable by non-gov’t plaintiff

Posted on February 10, 2015 by rtushnet

Two Jinn, Inc. v. Government Payment Serv., Inc., A136984, 2015 WL 456063 (Cal. Ct. App. Feb. 3, 2015)   Two Jinn (dba Aladdin Bail Bonds), a licensed bail agent, tried to enjoin GPS, a financial services entity, from allegedly engaging … Continue reading →

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No TM or false advertising claims without use of mark in US commerce

Posted on February 9, 2015 by rtushnet

Belmora LLC v. Bayer Consumer Care AG, No.  1:14-cv-00847 (E.D. Va. Feb. 6, 2015)   Territoriality lives!  Belmora sells an OTC pain relief product, Flanax, in the US with a similar trade dress to, and capitalizing on the good will … Continue reading →

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WIPIP, part 2, Session 3 Trademark

Posted on February 9, 2015 by rtushnet

Session 3, Trademark   Leah Chan Grinvald, Constructive Consent   Courts adopt as evidence of fame the number of users = strength = fame.  Example: the number of Flipboard users accepted by a court in October.  But that also is … Continue reading →

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WIPIP, Part 2, Session 2, Trademark

Posted on February 9, 2015 by rtushnet

Glynn Lunney, Inefficient Trademark Law   Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule.  Today: looks very different. What will it look like in 100 years—will … Continue reading →

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