Author Archives: rtushnet

Art objects and trademark infringement

Posted on January 14, 2015 by rtushnet

Anthony Antonellis creates art objects/sculptures with bottles of Poland Spring water and knockoff wristbands.  Nestle objects, claiming likely confusion.  What is the appropriate test?  Rogers or something else?  Antonellis is looking for a pro bono lawyer. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative work of the day

Posted on January 9, 2015 by rtushnet

Six country songs from last year, played over each other.  I’m not a fan of the genre, but this strikes me as very well done as well as funny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Reading list: cheap books and scientific progress

Posted on January 8, 2015 by rtushnet

Barbara Biasi & Petra Moser, Does Cheap Access Encourage Science? Evidence from the WWII Book Replication Program. Abstract: Policies that reduce the costs of accessing prior knowledge (which is covered by copyrights) are becoming increasingly prominent, even though systematic empirical … Continue reading →

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Lost goodwill isn’t irreparable harm without comprehensive effect on overall business

Posted on January 7, 2015 by rtushnet

Via Sarah Burstein:   Worldwide Diamond Trademark S, Ltd., v. Blue Nile, Inc., No. 14-cv-03521 (S.D.N.Y. Nov. 6, 2014)   Worldwide sought a preliminary injunction in its patent and trade dress lawsuit against Blue Nile for allegedly copying its Hearts … Continue reading →

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

Book chapter on resisting gendered concepts of creativity

Posted on January 7, 2015 by rtushnet

Rebecca Tushnet, The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, in DIVERSITY IN INTELLECTUAL PROPERTY, (Irene Calboli & Srividhya Ragavan eds., Cambridge Univ. Press, forthcoming 2015). Abstract: Dominant narratives of creativity regularly expect female-associated forms of … Continue reading →

Posted in fan fiction, fanworks, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

False endorsement analyzed as explicit v. implicit falsity

Posted on January 6, 2015 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2014 WL 7409537, No. RDB–12–2568 (D. Md. Dec. 30, 2014)   Earlier ruling excluding false endorsement survey.  Even earlier ruling allowing false endorsement theory to proceed.   This “contentious” case involved a … Continue reading →

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

Reading list: copyrightability of plastination

Posted on January 6, 2015 by rtushnet

Via Larry Solum.  I haven’t read this but I’ve been fascinated by plastination for years, and finally my interests unite.  Kirill Ershov, A Macabre Fixation: Is Plastination Copyrightable?: Abstract: Dr. Gunther von Hagens invented plastination as a process to preserve … Continue reading →

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claims about patent might be misleading if on-sale bar clearly applied

Posted on January 6, 2015 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., 25 F. Supp. 3d 170 (D. Mass. 2014)   Bern, which sells sports helmets, sued six competing helmet makers.  It initially sued for design patent infringement, but dropped that claim and switched to trade … Continue reading →

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Affiliates are advertiser’s agents

Posted on January 5, 2015 by rtushnet

American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 7404597, No. CV 14–01873 (C.D. Cal. Dec. 30, 2014)   Regal sought reconsideration of the court’s grant of a preliminary injunction on false advertising claims, which was granted in part.  American … Continue reading →

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

statements by competitors are not matters of public interest

Posted on January 2, 2015 by rtushnet

Broadspring, Inc. v. Congoo, LLC, 2014 WL 7392905, No. 13–CV–1866 (S.D.N.Y. Dec. 29, 2014)   As part of resolving various evidentiary issues before trial between these online advertising service competitors, the court gave guidance on some more general false advertising … Continue reading →

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