Author Archives: rtushnet

Reading list: music copyright and similarity judgments

Posted on August 25, 2014 by rtushnet

Carys J. Craig & Guillaume Laroche, Out of Tune: Why Copyright Law Needs Music Lessons.  Well worth reading in full.  Here’s some choice bits: [Lucy Pollard-Gott] found that, as listeners became more familiar with a given theme and listened to … Continue reading →

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Coffee’s for classes: 7th Cir. reinstates class action over instant coffee

Posted on August 25, 2014 by rtushnet

Suchanek v. Sturm Foods, Inc., No. 13-3843, 2014 WL 4116493 (7th Cir. Aug. 22, 2014) Sturm entered the market for Keurig-compatible individual coffee pods (K-Cups) once patent protection expired, but according to plaintiffs they jumped the gun. The Seventh Circuit … Continue reading →

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Lexmark applied to false association claims under 43(a)(1)(A)

Posted on August 22, 2014 by rtushnet

Lundgren v. Ameristar Credit Solutions, Inc., 2014 WL 4079962, No. 3:12–263 (W.D. Pa. Aug. 18, 2014) Ameristar is a “debt settlement and tax resolution business,” while Lundgren “was previously in the mortgage service industry and began offering tax resolution services … Continue reading →

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Dastar-ing about architecture: 7th Circuit reverses dismissal of credit claim

Posted on August 22, 2014 by rtushnet

M. Arthur Gensler Jr. & Associates, Inc. v. Strabala, No. 12-2256 (7th Cir. Aug. 21, 2014) Previous coverage, wherein I was not enthusiastic about the district court decision finding that there couldn’t be a §43(a) claim based on an allegedly … Continue reading →

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Today in parody shirts

Posted on August 22, 2014 by rtushnet

I just acquired the Black Labour, White Guilt T-shirt from the Laugh It Off case, and I’m taking the opportunity to share some other parody shirts as well. Black Labour, White Guilt From my vacation: Spider-Moose, New Hampshire Then, continuing … Continue reading →

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When should TM claimants use the Madrid system?

Posted on August 21, 2014 by rtushnet

Also via Lexology, Baker & McKenzie has an article setting out the pros and cons.  Highlights include the information that central attack leads to 2% of international registrations being withdrawn, and a handy checklist to determine whether Madrid is a … Continue reading →

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News for storage jars, Thai military coup edition

Posted on August 21, 2014 by rtushnet

Via Lexology, Rouse Legal penned The IP Upside of Thailand’s Military Coup.  Law enforcement priorities! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Dastar and karaoke

Posted on August 21, 2014 by rtushnet

Slep-Tone Entertainment Corp. v. America’s Bar & Grill, LLC, No. 13 C 8526, 2014 WL 4057442 (N.D. Ill. Aug. 15, 2014) Slep-Tone sued defendants for violations of the Lanham Act.  Slep-Tone makes karaoke accompaniment tracks sold under the trademark “SOUND … Continue reading →

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Trademark question of the day

Posted on August 21, 2014 by rtushnet

Timesify makes any website look like the New York Times, so that your neighbors don’t know you’re reading something junky.  “In a matter of seconds, the article on how ‘Miley Cyrus Peed on a Tree’ will appear on a page … Continue reading →

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Is porn generic for pornography?

Posted on August 20, 2014 by rtushnet

Hey, it’s a porn case and not a Pom case! Calista Enterprises Ltd. v. Tenza Trading Ltd., — F.Supp.2d —-, No. 3:13–cv–01045, 2014 WL 3896076 (D. Ore. Aug. 8, 2014) Calista and Tenza (porntube.com) compete in the adult entertainment industry … Continue reading →

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