Author Archives: rtushnet

false advertising claim based on "innovative/unique" survives

Posted on January 30, 2015 by rtushnet

Ferris Mfg. Corp. v. Carr, No. 14 C 04663, 2015 WL 279355 (N.D. Ill. Jan. 21, 2015)   Ferris sued Roy Carr and Curaline. Ferris makes various wound care products, allegedly award-winning and covered by several patents.  Carr was formerly … Continue reading →

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consumer survey on patent value admissible despite serious flaws

Posted on January 30, 2015 by rtushnet

Sentius Int’l, LLC v. Microsoft Corp., No. 5:13-cv-00825, 2015 WL 331939 (N.D. Cal. Jan. 23, 2015) (magistrate judge)   A little different today: this is a survey in a patent case trying to determine the value of a patented feature … Continue reading →

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False PAC advertising?

Posted on January 28, 2015 by rtushnet

This detailed Politico story suggests that there’s a fraudulent misrepresentation problem, but that the FEC can’t do much about it. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Distributor’s TM registration blocks manufacturer’s claim

Posted on January 26, 2015 by rtushnet

Mighty Enterprises, Inc. v. She Hong Indus. Co. Ltd., 2015 WL 276771, No. 2:14–cv–06516 (C.D. Cal. Jan. 22, 2015)   Mighty distributes and services heavy machinery. She Hong makes heavy machinery under the name “Hartford.” Mighty sued She Hong for … Continue reading →

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No standing for injunction-only class

Posted on January 26, 2015 by rtushnet

Graiser v. Visionworks of America, 2015 WL 248003, No. 1:14–CV–01641 (N.D. Ohio Jan. 20, 2015)   Graiser sought an injunction on behalf of a putative class based on his false advertising claims, which alleged that Visionworks’s buy one get one … Continue reading →

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

Mapping the law prof twitterverse

Posted on January 26, 2015 by rtushnet

Ryan Whalen maps the law prof Twitterverse.  My eccentricity turns out to be 4.0.  I’m not sure what that means, but based on the name, I probably would have guessed higher. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative use of the day: Washington’s football team edition

Posted on January 23, 2015 by rtushnet

This ad uses footage of Washington’s team to make the point that its racially inflammatory name and mascot are unnecessary.  Consider the TM and copyright implications! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Q of the day: is this enough disclosure?

Posted on January 20, 2015 by rtushnet

Steve Clowney argues that Prawsfblawg’s disclosures of West-sponsored content aren’t enough, given how much a sponsored post looks like a regular post.  How would you advise a client to comply with the FTC’s guidance here?  Would the purported sophistication of … Continue reading →

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Dial U for unfair competition?

Posted on January 20, 2015 by rtushnet

Liveperson, Inc. v. 24/7 Customer, Inc., 2015 WL 170348, No. 14 Civ. 1559 (S.D.N.Y. Jan. 13, 2015)   LivePerson “provides customers with live-interaction and customer engagement technology for e-commerce websites, enabling businesses to interact in real-time with their website customers.”  … Continue reading →

Posted in cfaa, copyright, dmca, drm, http://schemas.google.com/blogger/2008/kind#post, trade secrets, unfairness | Leave a comment

Pinterest, sponsorship, and copyright

Posted on January 20, 2015 by rtushnet

Fascinating story on top pinners on Pinterest, which suggests that Pinterest’s policies deter people from disclosing sponsorships (which the FTC wants them to do; could it go after Pinterest for deterring users’ compliance?), and also contains the interesting note that … Continue reading →

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