Author Archives: rtushnet

Lexmark applies to false association, not just false advertising

Posted on January 15, 2015 by rtushnet

International Foundation of Employee Ben. Plans, Inc. v. Cottrell, No. WDQ–14–1269, 2015 WL 127839 (D. Md. Jan. 7, 2015)   IFEBP sued Cottrel, d/b/a HR Vantage, for false advertising, trademark infringement, and related claims.  IFEBP is a nonprofit that trains … Continue reading →

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Interpretation of alleged relabeling agreement is for jury

Posted on January 15, 2015 by rtushnet

Ecore International, Inc., v. Downey, No. 12–2729, 2015 WL 127316 (E.D. Pa. Jan. 7, 2015)   Ecore makes recycled rubber flooring; defendants allegedly relabeled and resold Ecore’s goods as its own.  Downey owns an engineering consulting company that provided consulting … Continue reading →

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Passing off claim is subject to Rule 9(b) but passes

Posted on January 14, 2015 by rtushnet

Medscript Pharmacy, LLC v.My Script, LLC, LLC, No. 14 C 0469, 2015 WL 149062 (N.D. Ill. Jan. 12, 2015)   The complaint alleged that Medscript was a Professional Compounding Centers of America (PCCA) certified compounding pharmacy, while defendants are compounding … Continue reading →

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Pop quiz, hotshot

Posted on January 14, 2015 by rtushnet

Who authorized the following promo? “Winter is Coming” NHL/Reebok promo, seen on subway Alternatively: the NHL and Reebok can take it, but they don’t want to dish it out: NHL/Reebok trademark statements on ad http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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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

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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 →

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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 →

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