Author Archives: rtushnet

Irreparable harm after Herb Reed

Posted on September 2, 2014 by rtushnet

E. & J. Gallo Winery v. Grenade Beverage LLC, No. 1:13-cv-00770 (E.D. Cal. Aug. 15, 2014) Via the Trademark Blog, this case applying Herb Reed but finding irreparable harm based on the same reasoning rejected in Herb Reed shows just … Continue reading →

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

Redefining fan fiction down

Posted on September 2, 2014 by rtushnet

Neal Pollack’s article defending Amazon has many points of interest.  The only one I’ll engage with is that, contrary to the marketing, Amazon is still seeding Kindle Worlds with pro authors under contract–and apparently given advances as well as editorial … Continue reading →

Posted in fan fiction, fanworks | Leave a comment

taking control: Honeywell TM, ad claims lose, (c) continue

Posted on September 2, 2014 by rtushnet

Honeywell International Inc. v. ICM Controls Corp., No. 11–569, 2014 WL 4248434 (D. Minn. Aug. 27, 2014) Honeywell sued ICM for patent infringement, copyright infringement, violation of the Lanham Act, and violation of state law.  (I will ignore the patent … Continue reading →

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

#1 with a bullet: Nutribullet wins false advertising claim, but its green isn’t inherently distinctive

Posted on August 28, 2014 by rtushnet

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2014 WL 4187982, No. CV 14–03954 (C.D. Cal. Aug. 22, 2014) Homeland and Euro-Pro compete in the home blender market. Homeland sells three Nutribullet products: Classic, Sport, and Pro.  Euro-Pro sells Ninja blenders, … Continue reading →

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What does reputational harm mean? Lessons from Apple v. Samsung

Posted on August 28, 2014 by rtushnet

Apple, Inc. v. Samsung Electronics Co., No. 12-CV-00630 (N.D. Cal. Aug. 27, 2014) Others will doubtless have much to say about the patent-specific aspects of this case, but I want to talk about what the court said about the relationship … Continue reading →

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

overstating competitor’s relationship with FTC target could be defamatory

Posted on August 28, 2014 by rtushnet

Broadspring, Inc. v. Congoo, LLC, 2014 WL 4100615, No. 13–CV–1866 (S.D.N.Y. Aug. 20, 2014) (by my classmate, the Honorable Jesse Furman) “This is a lawsuit between bitter rivals in the online advertising industry.” Broadspring sued Congoo and two of its … Continue reading →

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

Presumed irreparable: 3d Circuit applies eBay to all Lanham Act claims

Posted on August 27, 2014 by rtushnet

Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., — F.3d —-, 2014 WL 4194094, No. 13–2290 (3d Cir. Aug. 26, 2014) This case had an INTA amicus brief making the trademark bar’s strongest arguments for Lanham Act exceptionalism, which here means … Continue reading →

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

I’ll give you four factors, and the last three don’t count: Lovelace film is fair use

Posted on August 27, 2014 by rtushnet

Arrow Productions, LTD. v. Weinstein Company LLC, No. 13 Civ. 5488 (S.D.N.Y. Aug. 25, 2014) Someday I might stop blogging copyright fair use and trademark defendant wins on the pleadings, but today is not that day.  Also, I appreciate the … Continue reading →

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

Bring me my (bonded) leather: deceptiveness claims were just opinion

Posted on August 26, 2014 by rtushnet

Design Resources, Inc. v. Leather Indus. Am., 2014 WL 4159991, No. 1:10CV157 (M.D.N.C. Aug. 19, 2014) DRI sued defendants LIA and Ashley under the Lanham Act and the North Carolina Unfair and Deceptive Trade Practices Act.  Dr. Nicholas Cory was … Continue reading →

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Consumers can’t be forced to use nonexistent arbitration proceeding

Posted on August 26, 2014 by rtushnet

Jackson v. Payday Financial, LLC, No. 12-2617 (7th Cir. Aug. 22, 2014) The Seventh Circuit reversed the district court’s holding that it could not hear consumer claims against payday lenders doing business from a tribal location. Martin Webb was an … Continue reading →

Posted in consumer protection, unconscionability | Leave a comment