Author Archives: rtushnet

Oscar selfies and bad copyright analysis

Posted on March 6, 2014 by rtushnet

Paul Fakler points out that a number of things I’ve also seen said about copyright in Oscar selfies aren’t true.  This one got me the most: Per­haps the most silly “analy­sis” I have seen so far has been the sug­ges­tion … Continue reading →

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

Slate on the branding of spelling (or the spelling of branding)

Posted on March 5, 2014 by rtushnet

Marketers address unusual and downright awful grammar and spelling choices in brand names.  Strange spelling may sometimes help memorability, a desired brand feature, but the law ignores bad spelling. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in advertising, trademark | Leave a comment

ABA call-in tomorrow: Lanham Act developments for antitrust lawyers

Posted on March 5, 2014 by rtushnet

Antitrust, Unfair Competition, & the Lanham Act: Recent Intersections in Litigation March 6, 2014—1:30 pm to 2:30 pm Eastern With the U.S. Supreme Court poised to decide whether antitrust standing should apply to Lanham Act claims in the Static Control … Continue reading →

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

The lost rights of Oz?

Posted on March 4, 2014 by rtushnet

We know from X One X that putting public domain images on a red sequined shoe would infringe Warner’s character copyright in movie Dorothy Gale.  How about this picture?  Any trademark issues? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Price claims are puffery, but fake Facebook page could be actionable

Posted on March 4, 2014 by rtushnet

Imagine Medispa, LLC v. Transformations, Inc., 2014 WL 770810, No. 2:13–26923 (S.D. W. Va. Feb. 26, 2014) The parties compete in the medical weight-loss and skin care industry, in overlapping geographic areas. Plaintiff David Rubio owns Imagine. Plaintiffs alleged that … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, right of publicity, tortious interference, trademark | Leave a comment

OTW copyright consultation comments

Posted on March 4, 2014 by rtushnet

The Organization for Transformative Works submits comments to the EC in response to its copyright consultation. 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

no Lanham Act standing for misrepresentation by seller to buyer

Posted on March 3, 2014 by rtushnet

Nature’s Products, Inc. v. Natrol, Inc., 2013 WL 7738172, No. 11–62409 (S.D. Fla. Oct. 7, 2013) The parties had business dealings from the late 1990s through 2011. In 2001, they executed an open-ended indemnity agreement applying to any products Natrol … Continue reading →

Posted in consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Lance Armstrong has a rare good day: consumer protection claims dismissed

Posted on March 3, 2014 by rtushnet

Martin v. FRS Company, No. CV-13-01456 (C.D. Cal. Feb. 25, 2014) FRS makes energy and sports drinks and related goods. Lance Armstrong was an equity owner and brand ambassador for FRS who participated in FRS’s marketing and ad strategy. Martin … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, warranties | Leave a comment

FTC successfully imposes individual liability on high-level employee

Posted on March 3, 2014 by rtushnet

Federal Trade Commission v. Ross, 2014 WL 703739, No. 12-2340 (4th Cir. Feb. 25, 2014) The hits (by which I mean FTC victories) just keep on coming. Here, the FTC sued Innovative Marketing and several of its high-level executives and … Continue reading →

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

The dangers of monetizing a Twitter feed

Posted on March 3, 2014 by rtushnet

I’ve seen commentary about how this article on the successful monetization of photostream Twitter accounts by a company called Kulfoto ignores that the copyright situation of the photos it shares seems to be … unclear at best  However, I was … Continue reading →

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