Author Archives: rtushnet

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 →

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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 →

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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

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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