Author Archives: rtushnet

Bend it like Apple

Posted on September 29, 2014 by rtushnet

Via firstmemes, consider the extent to which (1) a reference to a famous mark can be indirect and still trigger dilution law; (2) the tweets from competitors are explicitly protected by federal dilution law’s exemption for comparative advertising, but the … Continue reading →

Posted in dilution, trademark | Leave a comment

litigation grab bag includes another nail in IIC coffin

Posted on September 26, 2014 by rtushnet

EarthCam, Inc. v. OxBlue Corp., 2014 WL 4702200, No. 1:11–cv–02278 (N.D. Ga. Sept. 22, 2014) Mostly a trade secret case where EarthCam alleged that every scrap of information about it was a trade secret.  The parties compete in the market … Continue reading →

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

serial infringement may justify liability under Tiffany v. eBay

Posted on September 26, 2014 by rtushnet

Mori Lee, LLC v. Sears Holdings Corp., 2014 WL 4680739, No. 13cv3656 (S.D.N.Y. Sept. 8, 2014) Mori Lee, a dressmaker, sued Sears for trademark infringement and unfair competition.  In 2010, Sears opened an online marketplace at Sears.com where third-party merchants … Continue reading →

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

Advertising dysfunction: claim against male sexual enhancement pill proceeds

Posted on September 25, 2014 by rtushnet

Dorsey v. Rockhard Laboratories, LLC, 2014 WL 4678969, No. CV 13–07557 (C.D. Cal. Sept. 19, 2014)   Dorsey sued over Rockhard Weekend (RHW), “a male sexual enhancement product,” primarily promoted by labeling on the packaging. The chemical formulation and packaging … Continue reading →

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

Paid spokesperson engaged in "advertising or promotion" for Lanham Act purposes

Posted on September 25, 2014 by rtushnet

Underground Solutions, Inc. v. Palermo, 2014 WL 4703925, No. 13 C 8407  (N.D. Ill. Sept. 22, 2014)   UGSI sued Palermo for trade libel, interference with prospective economic advantage, interference with contract, false advertising under the Lanham Act, and violation … Continue reading →

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

Mark Lemley is our king

Posted on September 24, 2014 by rtushnet

But then, you knew that anyway.  Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in http://schemas.google.com/blogger/2008/kind#post, my writings, patent, reading list, trade secrets, trademark | Leave a comment

Oh No They Didn’t infringe: Livejournal gets DMCA safe harbor

Posted on September 24, 2014 by rtushnet

Eric Goldman on Mavrix Photographs LLC v. LiveJournal, Inc., No. 8:13-cv-00517-CJC-JPR (C.D. Cal. Sept. 19, 2014): plaintiff refuses to send DMCA notices to host website, sues instead.  As Eric says, this is a great case for a fee-shift, since (1) … Continue reading →

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

Ascertain this: All Natural liability class certified

Posted on September 24, 2014 by rtushnet

Lilly v. Jamba Juice Company, No. 13-cv-02998, 2014 WL 4652283 (N.D. Cal. Sept. 18, 2014) Earlier Jamba Juice proceeding.  Plaintiffs moved to certify a California class of purchasers of certain frozen Jamba Juice Smoothie Kit products using “All Natural” prominently … Continue reading →

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

Gratuitous promises: Uber class action continues

Posted on September 19, 2014 by rtushnet

Ehret v. Uber Technologies, Inc., No. C-14-0113 (N.D. Cal. Sept. 17, 2014)  Ehret’s putative nationwide class action alleged that Uber customers had been charged a 20% fee above the metered fare for each ride, misrepresented as a “gratuity” automatically added … Continue reading →

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

A hologram and a straight-up application of Dastar

Posted on September 19, 2014 by rtushnet

Pulse Entertainment Corp. v. David, No. CV 14-4732 (C.D. Cal. Sept. 17, 2014)  This case concerns a lifelike animation of Michael Jackson performing a previously unreleased song that appeared during the 2014 Billboard Music Awards and a related CNN interview … Continue reading →

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