Author Archives: rtushnet

The highs are too high: overdraft claims against HSBC continue in part

Posted on October 15, 2014 by rtushnet

In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 1 F.Supp.3d 34 (E.D.N.Y. 2014) This case involves more of the charming practice of low-to-high charge posting, causing consumers to rack up numerous $35 overdraft charges in a single … Continue reading →

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

Pleading standards for false advertising

Posted on October 14, 2014 by rtushnet

Cocona, Inc. v. Singtex Industrial Co., 2014 WL 5072730, Civil Action 14-cv-01593 (D. Colo. Oct. 9, 2014) Cocona created a process to use coconut particles in fabric, which is used for outdoor gear, to enhance odor control, moisture absorption, and … Continue reading →

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

NFL Films protected by First Amendment against players’ right of publicity claims

Posted on October 14, 2014 by rtushnet

Dryer v. National Football League, No. 09-2182 (D. Minn. Oct. 10, 2014) There are two alternatives when it comes to the right of publicity, it seems to me.  Either we will limp along with a special rule for video games … Continue reading →

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

AU trademark works in progress day 2

Posted on October 11, 2014 by rtushnet

Dan Hunter (with Irene Calboli), Trademark Proliferation Concerns about too many marks.  They’re extremely weak as a result.  It’s easy to get a descriptive mark on the primary register w/o secondary meaning.  Also: many “marks” don’t seem distinctive as to … Continue reading →

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AU TM works in progress part 2

Posted on October 10, 2014 by rtushnet

Cathay Smith, Immoral Trademarks Abusive challenges: Dykes on Bikes, Squeezebloodfromturnips.com (opposer was angry because he was getting calls from the collection agency that was the applicant); Adultfriendfinder (opposer was a pastor who objected that the applicant was connecting men with … Continue reading →

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Preclusion lives even after Pom Wonderful

Posted on October 10, 2014 by rtushnet

JHP Pharmaceuticals, LLC v. Hospira, Inc., 2014 WL 4988016, No. CV 13–07460 (C.D. Cal. Oct. 7, 2014) Pom Wonderful had a lot of broad language in it, and there is a pattern in which lower courts interpret Supreme Court Lanham … Continue reading →

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

3rd Annual Trademark Works in Progress event at AU

Posted on October 10, 2014 by rtushnet

Charles Colman, Trademark Law and the Prickly Ambivalence of Post-Parodies: The way that people play with trademarks that companies have deliberately infused with atmospherics, per Jessica Litman, and to which people have predictable emotional responses.  TM doesn’t have good ways … Continue reading →

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

Court declines to apply Lexmark to TM

Posted on October 8, 2014 by rtushnet

Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., 2014 WL 4843674, No. 8:10–CV–365 (D. Neb. Sept. 29, 2014) This is a default so it’s just what the court decided to examine with respect to the facts; nonetheless there … Continue reading →

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

Future of Music conference announcement w/scholarships

Posted on October 8, 2014 by rtushnet

The Future of Music Coalition’s 14th annual Policy Summit ( http://futureofmusic.org/summit ) is October 27-28 in Washington, DC. It is offering scholarships for students and musicians starting at $25 for both days.  From FOMC: Future of Music Coalition ( http://futureofmusic.org … Continue reading →

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How to analyze fame on the pleadings

Posted on October 8, 2014 by rtushnet

Leapers, Inc. v. SMTS, LCC,  2014 WL 4964376, No. 14–CV–12290 (E.D. Mich. Oct. 3, 2014) Leapers alleged trade dress rights “in the distinctive scalloping design applied to the adjustment knobs and bells of its rifle scopes and/or sights” which were … Continue reading →

Posted in dilution, trademark | Leave a comment