Author Archives: rtushnet

Case against allegedly contaminated jerky treats proceeds

Posted on October 29, 2014 by rtushnet

In re Milo’s Dog Treats Consolidated Cases, 9 F.Supp.3d 523 (W.D. Pa. 2014) The court adopted the magistrate judge’s recommendation to grant defendants’ motion to dismiss unjust enrichment claims, but to deny the motion as to the consumer protection and … Continue reading →

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Whole Foods’ not wholly natural foods are ok

Posted on October 27, 2014 by rtushnet

Gedalia v. Whole Foods Market Services, Inc., 2014 WL 5315030,  No. 4:13–CV–3517 (S.D. Tex. Sept. 30, 2014) Gedalia sued on behalf of a putative class of people who bought Whole Foods’s private-label 365 Organic and 365 Everyday Value products allegedly … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

TM, advertising claims excluded from LivingSocial’s arbitration agreement

Posted on October 27, 2014 by rtushnet

Faegin, v. LivingSocial, Inc., No. 14cv00418, 2014 WL 5307186 (S.D. Cal. Oct. 15, 2014) Plaintiffs (A.T. Your Service Cleaning and Janitorial) sued defendants for trademark infringement and related business torts.  ATYS is a cleaning service in San Diego.  LivingSocial is … Continue reading →

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

Which false advertising claims are barred by Dastar?

Posted on October 27, 2014 by rtushnet

A.H. Lundberg Associates, Inc. v. TSI, Inc., No. C14–1160, 2014 WL 5365514 (W.D. Wash. Oct. 21, 2014) The parties compete to make and supply equipment to various processing industries. Defendant TSI specializes in wood and biomass, and began purchasing plaintiff … Continue reading →

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Empirical IP Research Conference: copyright

Posted on October 25, 2014 by rtushnet

Effect of Copyright Infringement on Creative Incentives Facilitator: Chris Sprigman (NYU) Panelists: Joel Waldfogel (Minnesota Carlson School of Management) Topic: The strengths and limits of the natural experiment methodology to explore the effects of piracy on both industry output and … Continue reading →

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Empirical IP Research Conference: TM counterfeiting

Posted on October 24, 2014 by rtushnet

Trademark breakout session #2: Counterfeiting and Its Effect on the Market for the Genuine Article Facilitator: Scott Hemphill (Columbia; Visiting Professor, NYU) Why we care: innovation policy; enforcement policy.  Debate over magnitude: 10s of billions, 100s of billions in the … Continue reading →

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Empirical IP Research Conference: trademarks

Posted on October 24, 2014 by rtushnet

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined.  Used to include “purchasers” but Congress deleted that phrase.  43(a)’s language is even broader.  Flexible and slippery. Panelists: Joel Steckel (NYU Stern … Continue reading →

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

Empirical IP Research Conference, NYU

Posted on October 24, 2014 by rtushnet

Plenary Session: How Do Patents Affect Innovation? Facilitator: Katherine Strandburg (NYU) Longer history of empirical work in patent, but still difficulty answering basic question of effect on innovation. In 1958, economist Fritz Machlup famously concluded that “none of the empirical … Continue reading →

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

Organization for Transformative Works fundraising drive

Posted on October 21, 2014 by rtushnet

Fandom makes wonderful things!  Help support our commitment to preserving and protecting noncommercial transformative works, including our forthcoming work on renewing the DMCA exemption for vidders! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dmca, fan fiction, fanworks | Leave a comment

likely confusion is irreparable after eBay

Posted on October 16, 2014 by rtushnet

CFE Racing Products, Inc. v. BMF Wheels, Inc., 2 F. Supp. 3d 1029 (E.D. Mich. 2014) The jury found trademark infringement but no damages and no intentional infringement.  What should happen with requested injunctive relief?  Here, the court finds irreparable … Continue reading →

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