Author Archives: rtushnet

When all you have is a Captain Hammer …

Posted on July 10, 2014 by rtushnet

The costumed performers who importune passersby in Times Square are not universally beloved.  Via the WSJ comes this suggestion for getting rid of them: State Sen. Brad Hoylman, whose district includes Times Square, said the companies that created the characters … Continue reading →

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Purpose-transformativeness versus content-transformativeness

Posted on July 8, 2014 by rtushnet

In 2008, Tony Reese presciently told us that the case law on fair use “transformativeness” showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use.  Today’s example, … Continue reading →

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Deceptive whiskey?

Posted on July 8, 2014 by rtushnet

The Whiskey Reviewer announces a series evaluating the marketing claims of various whiskeys. What I found quite striking was that the claims of interest were very much centered around “authenticity,” both in production and in narrative: Potemkinism: Does the company run … Continue reading →

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intent to use successful term in ads isn’t intent to confuse

Posted on July 7, 2014 by rtushnet

Overstock.com, Inc. v. Nomorerack.com, Inc., No. 2:13-CV-1095 (D. Utah June 30, 2014) Overstock sells a lot of stuff online: over one million products, with over six million customers last year. Nomorerack directly competes with Overstock, and has sold more than … Continue reading →

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Your daily unauthorized use

Posted on July 4, 2014 by rtushnet

Geisinger Medical Center is expanding.  Here’s one of the images of what the new version will look like: Okay, but who are those handsome devils (also in Slide 17 of the Geisinger slide show)? Could it be Sam and Dean … Continue reading →

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NY statutory law covers B2B false advertising, but common law unfair competition doesn’t

Posted on July 3, 2014 by rtushnet

Leason Ellis LLP v. Patent & Trademark Agency LLC, No. 13 CV 2880 (S.D.N.Y. July 2, 2014) Leason Ellis (of Trademark Blog fame) sued PTA for false advertising, unfair competition, deceptive business practices, and tortious interference with prospective economic relations. … Continue reading →

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AU Gender/IP call for papers

Posted on July 2, 2014 by rtushnet

The Women and the Law Programand the Program on Information Justice & Intellectual Property American University Washington College of Law  Call for Papers: Eleventh Annual IP/Gender Symposium Save the Date: Friday February 27, 2015 This year, we will engage in a … Continue reading →

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PTO/NTIA upcoming copyright roundtables

Posted on July 2, 2014 by rtushnet

If you want to speak up for remix culture and are around Berkeley or LA, you can still register for the Los Angeles and Berkeley Green Paper Roundtables.  Registration is open for the Los Angeles roundtable until COB July 8, … Continue reading →

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court enjoins company’s claim to be another company’s founder

Posted on July 2, 2014 by rtushnet

Galvotec Alloys, Inc. v. Gaus Anodes Intern., LLC, 2014 WL 2918581, No. 7:13–CV–664 (S.D. Tex. June 26, 2014) Galvotec was founded in 1984 by Rogelio Garza and brothers Luis Miguel and Ramon Galvan. Gaus was founded in 2005 by a … Continue reading →

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Court applies Lexmark to TM case, in the alternative

Posted on July 2, 2014 by rtushnet

Ahmed v. Hosting.com, 2014 WL 2925292, Nos. 13–13117, 14–10026 (D. Mass. June 27, 2014) This isn’t a difficult case, but it represents the first move towards applying Lexmark to §43(a) in its entirety.  Only time will tell whether this will … Continue reading →

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