Author Archives: rtushnet

Congressional hearing on the scope of copyright protection

Posted on January 14, 2014 by rtushnet

Video here.  Written testimony is also available from Glynn Lunney and David Nimmer on the right of making available; James Love and Mark Schultz on broadcast signal rights; and Patricia Griffin and Carl Malamud on rights in standards/local codes.  It’s … Continue reading →

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FDA declines to define "natural," again

Posted on January 13, 2014 by rtushnet

FDA letter.  Discussion at Seller Beware Blog. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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qualitative statements about insurance policies weren’t necessarily puffery

Posted on January 13, 2014 by rtushnet

U.S. Bank Nat’l Ass’n v. PHL Variable Ins. Co., 2013 WL 791462, No. 12 Civ. 6811 (S.D.N.Y. March 5, 2013) (magistrate judge) Just coughed up by Westlaw, noted for discussion of puffery. US Bank, as securities intermediary for Lima Acquisition … Continue reading →

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keyword purchase supports unfair competition verdict

Posted on January 13, 2014 by rtushnet

Chow v. Chak Yam Chau, — Fed.Appx. —-, 2014 WL 92094, No. 12–15994 (11th Cir. Jan. 10, 2014) Michael Chow credits himself with introducing “high-end Chinese cuisine in a fine dining setting to the west” through the “Mr Chow” restaurants … Continue reading →

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time to shell out for an IP lawyer

Posted on January 13, 2014 by rtushnet

You can’t say Pom’s owners aren’t willing to pick a fight (or a fruit or nut). Also via Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Hedging and bullying in trademark

Posted on January 13, 2014 by rtushnet

Chicago State University attempts to intimidate a faculty blog into not identifying itself properly, using trademark law as its bullying tool/justification.  This takes a turn for the silly as the university now objects to a picture of CSU hedges, trimmed … Continue reading →

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Cert granted in Pom Wonderful v. Coca-Cola

Posted on January 10, 2014 by rtushnet

Orders list here.  There were also some grants relating to some other minor IP issues.  Pom’s petition, with QP: “Whether the court of appeals erred in holding that a private party cannot bring a Lanham Act claim challenging a product … Continue reading →

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Trademark strategy question of the day

Posted on January 10, 2014 by rtushnet

MLA Subconference is “an independent and evolving group of graduate students in the humanities who are interested in creating a new kind of conference environment, in order to propose alternative professional, social, and political possibilities for ourselves and our peers.” … Continue reading →

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Inability to determine who bought what dooms class certification

Posted on January 9, 2014 by rtushnet

Astiana v. Ben & Jerry’s Homemade, Inc., 2014 WL 60097, No. C 10-4387 (N.D. Cal. Jan. 7, 2014) The court denied certification to a proposed class who bought ice cream from Ben & Jerry’s that contained alkalized cocoa and were … Continue reading →

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New piece: Henry Jenkins and fair use

Posted on January 9, 2014 by rtushnet

I wrote a short piece for a festschrift on Henry Jenkins’ Textual Poachers.  I think it might have my best title since Rules of Engagement.  “I’m a Lawyer, Not an Ethnographer, Jim”: Textual Poachers and Fair Use. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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