Author Archives: rtushnet

Fair use twofer: motion to dismiss and summary judgment for critical uses

Posted on May 15, 2014 by rtushnet

Caner v. Smathers, No. 4:13-CV-494 (N.D. Tex. Apr. 17, 2014) If hard cases make bad law, it may also be that sometimes jerks make good law.  Here is an addition to the growing number of cases finding fair use on … Continue reading →

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With a face like that: Maybelline defeats class certification

Posted on May 15, 2014 by rtushnet

Algarin v. Maybelline, LLC, 2014 WL 1883772, No. 12cv3000 (S.D. Cal. May 12, 2014) This case shows the many hurdles now present for consumer class actions.  Once again, perhaps ironically, consumers have no remedy when the harm is probabalistic; only … Continue reading →

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Expert testimony about Lanham Act standards is inadmissible

Posted on May 12, 2014 by rtushnet

SMD Software, Inc. v. Emove, Inc., 2014 WL 1807809, No. 5:08–CV–403 (E.D.N.C. May 7, 2014) The court denied reconsideration of its ruling excluding references to potentially applicable law by plaintiffs’ expert, Dr. Didow. Opinion testimony stating a legal standard or … Continue reading →

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Vermont enacts GMO/natural labeling law

Posted on May 9, 2014 by rtushnet

The law requires foods containing GMO organisms to be labeled and bars the use of “natural” on such foods.  More reason, perhaps, to expect federal action on “natural” sooner rather than later? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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No similarity means no infringement

Posted on May 9, 2014 by rtushnet

Falcon Stainless, Inc. v. Rino Companies, Inc., — Fed.Appx. —-, 2014 WL 1779246 (9th Cir. May 6, 2014) After the district court mostly denied a preliminary injunction, the parties proceeded to trial on an implausible trademark claim; the jury found … Continue reading →

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Film on fandom’s future influcing copyright and politics

Posted on May 9, 2014 by rtushnet

PBS Digital discusses the Future of Fandoms, with mentions of yours truly, including my recent article for a festschrift for Henry Jenkins, and the Organization for Transformative Works.  Worth watching just for the fan art on screen. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

record-free consumer class action certified as ascertainable

Posted on May 8, 2014 by rtushnet

McCrary v. Elations Co., LLC, 2014 WL 1779243, No. EDCV 13–00242 (C.D. Cal. Jan. 13, 2014) The court certified a class alleging the usual California statutory claims against a supplement called Elations, whose label claimed a “clinically-proven combination” and/or “clinically-proven … Continue reading →

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Another exercise shoe settlement

Posted on May 8, 2014 by rtushnet

Vibram settles false advertising case over claims that its “foot gloves” could strengthen foot muscles and reduce injuries, which seems to be the opposite of the truth, at least according to Deadspin. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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intent to abandon isn’t enough for abandonment, 9th Circuit rules

Posted on May 7, 2014 by rtushnet

Wells Fargo & Co. v. ABD Ins. & Financial Services, Inc., — F.3d —, 2014 WL 806385 (9th Cir. Mar. 3, 2014) (don’t know how I missed this in March, but catching up now) Opinion below denying a preliminary injunction … Continue reading →

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

Lifetime piling up: Aspen and new anti-first sale business models

Posted on May 7, 2014 by rtushnet

When I teach property, I generally don’t teach much IP because I’ve found I get frustrated with the necessary quickness of any coverage.  But they’ve come for my casebook, and so I must respond.  Aspen is making the next edition … Continue reading →

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