Author Archives: rtushnet

The language of consumer reviews

Posted on October 7, 2014 by rtushnet

Via Eric Goldman’s roundup, the best thing I’ve seen all day: In a recent study we used computational linguistics to examine a million reviews on the web and found that when people write a 1-star review, they use the language … Continue reading →

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Phantom trademark of the Opera: Dastar bars Slep-Tone’s claim

Posted on October 3, 2014 by rtushnet

(There are a lot of Slep-Tone cases floating out around there. I like this one.) Slep-Tone Entertainment Corp. v. Canton Phoenix Inc., 3:14-cv-00764 (D. Or. Sept. 4, 2014) (magistrate judge) Slep-Tone, a maker of karaoke CDs, alleged that defendants (a … Continue reading →

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CFP: INTA trademark scholarship symposium

Posted on October 3, 2014 by rtushnet

Call For Papers: Sixth Annual INTA Trademark Scholarship Symposium The International Trademark Association (“INTA”) is pleased to host the Sixth Annual Trademark Scholarship Symposium during the 137th INTA Annual Meeting in San Diego, California. The Symposium will take place on … Continue reading →

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statements to regulators aren’t commercial advertising

Posted on October 3, 2014 by rtushnet

Presby Environmental, Inc. v. Advanced Drainage Systems, Inc., No. 13–cv–355, 2014 WL 4922986 (D.N.H. Sept. 30, 2014) Presby sued ADS, a competitor in the septic system product market, for allegedly violating a settlement agreement; I’m only going to address the … Continue reading →

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EFF investigates keylogger software, finds false advertising

Posted on October 1, 2014 by rtushnet

From its report on ComputerCOP: In investigating ComputerCOP, we also discovered misleading marketing material, including a letter of endorsement purportedly from the U.S. Department of Treasury, which has now issued a fraud alert over the document. ComputerCOP further claims an … Continue reading →

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

Stay away from Juliet: keyword infringement and dilution case continues

Posted on September 30, 2014 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I, LLC, No. 08-CV-442, 2014 BL 263647 (S.D.N.Y. Sept. 23, 2014) A keyword case gets past the pleading stage (though the worst part is the dilution ruling).  The parties compete in … Continue reading →

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

Reading list: is efficiency all there is in copyright?

Posted on September 29, 2014 by rtushnet

Oren Bracha and Talha Syed, Beyond Efficiency: Consequence-Sensitive Theories of Copyright, 29 Berkeley Tech. L.J. (2014). The article’s argument is complicated and I would disserve it by trying to summarize, but a core point is that, to the extent that … Continue reading →

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

selling a book without authorization doesn’t violate Lanham Act

Posted on September 29, 2014 by rtushnet

Smith v. BarnesandNoble.com, LLC, No. 1:12-cv-04374, 2014 BL 263099 (S.D.N.Y. Sept. 23, 2014) Smith wrote a book, Hardscrabble. He contracted with Smashwords, an online ebook distributor, to sell his book. Smashwords distributed Smith’s book to its retail partners, including B&N, … Continue reading →

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

Allegedly false inventorship/ownership claim could be false advertising

Posted on September 29, 2014 by rtushnet

Parallel Synthesis Technologies, Inc. v. DeRisi, 2014 WL 4748611, No. 5:13-cv-05968 (N.D. Cal. Sept. 23, 2014) (magistrate judge) Plaintiff Parallel, allegedly “seduced by the potential for a long-term partnership,” shared its proprietary Parallume assay with DeRisi, a professor of biochemistry … Continue reading →

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

Count the circuit splits in this nonfamous foreign marks case

Posted on September 29, 2014 by rtushnet

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2014 WL 4759945,  No. 11–1623 (D.D.C. Sept. 25, 2014) For different versions of the background story, you can see this Wharton article (which confuses trademark and copyright, and favors … Continue reading →

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