Author Archives: rtushnet

Taco Bell endorsed by Ronald McDonalds

Posted on March 27, 2014 by rtushnet

H/T Deborah Gerhardt. Via AdAge: Ronald McDonald loves Taco Bell’s breakfast. That’s what Taco Bell is saying in its campaign introducing its biggest menu rollout yet. The Mexican food chain located a slew of actual Ronald McDonalds and got them … Continue reading →

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use of an established mark as false advertising

Posted on March 26, 2014 by rtushnet

Topek, LLC v. W.H. Silverstein, Inc., No. 12–cv–494, 2014 WL 1124311, 2014 DNH 060 (D.N.H. Mar. 20, 2014) This colorful business dispute caught my eye because “false advertising through use of a trademark” cases are so rare, and this opinion … Continue reading →

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We all stand: Static Control can sue

Posted on March 26, 2014 by rtushnet

Lexmark International, Inc. v. Static Control Components, Inc., No. 12–873 (March 25, 2014) Justice Scalia, writing for a unanimous Court, affirmed the Sixth Circuit, in the process articulating a new standard: “To invoke the Lanham Act’s cause of action for … Continue reading →

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ASA approves Microsoft’s ad accusing Gmail of creepy spying

Posted on March 26, 2014 by rtushnet

Microsoft Corporation, No. A13-251580: Microsoft ran an ad beginning, “Ymay ivatepray e-mailway isway onway ofway eirthay usinessbay.” It continued: “Pig Latin may be hard to understand, but you probably need it if you use Gmail, because Gmail scans every word of your … Continue reading →

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I feel so extraordinary: Lexmark affirmed

Posted on March 25, 2014 by rtushnet

Here.  My first Supreme Court citation!  And approving, no less!  More later. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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show me how you do that trick: magic performance copyrightable, infringed

Posted on March 24, 2014 by rtushnet

Teller v. Dogge, No. 12-cv-00591 (D. Nev. Mar. 20, 2014) Teller sued Dogge for infringement in two YouTube videos offering to sell the secret to a signature Teller illusion, Shadows.  This illusion consists of a spotlight trained on a vase … Continue reading →

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Misleading health plan names

Posted on March 24, 2014 by rtushnet

NYT on how health plan names confuse and deceive consumers. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Consumer law and copyright conferences in April

Posted on March 24, 2014 by rtushnet

Making the Fine Print Fair, Georgetown Law symposium, April 4 The Georgetown Consumer Law Society and Citizen Works are hosting a symposium, Making the Fine Print Fair, at Georgetown on April 4 from 8:30 a.m. to 6:30 p.m.  From the … Continue reading →

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I *am* only cheerleading: uniforms not conceptually separable

Posted on March 21, 2014 by rtushnet

Varsity Brands, Inc. v. Star Athletica, LLC, No. 10-cv-02508 (W.D. Tenn. Mar. 1, 2014) “Classical philosophy does not often come to play in the field of mundane legal analysis.” But here the court was called on to identify the essence … Continue reading →

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infringement can occur even if consumers don’t remember it

Posted on March 20, 2014 by rtushnet

Beastie Boys v. Monster Energy Co., No. 12 Civ. 6065 (SDNY Mar. 18, 2014) The Beastie Boys sued for copyright infringement and trademark infringement based on Monster’s allegedly unauthorized use of Beastie Boys music to accompany a video promoting a … Continue reading →

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