Author Archives: rtushnet

Olympic rectangles?

Posted on January 9, 2014 by rtushnet

Picture from nearby skating rink So, does the configuration of shirts sufficiently replicate the 5-ring symbol to trigger the protections found in US law? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Appropriation art and sf book covers

Posted on January 9, 2014 by rtushnet

How a Science Fiction Book Cover Became a $5.7 Million Painting: Appropriation art that relies on expanding size, not shrinking compared to the original, for the claim of transformativeness.  E.g., from a program: “[The paintings] are unusual for Brown in … Continue reading →

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Oracle suit against third party claiming to provide lawful software updates proceeds

Posted on January 8, 2014 by rtushnet

Oracle America, Inc. v. TERiX Computer Company, Inc., No. 13-cv-03385, 2014 WL 31344 (N.D. Cal. Jan. 3, 2014) Oracle sells hardware, software, and support and consulting services to maintain those.  But people also use third-party vendors for support, and here … Continue reading →

Posted in cfaa, copyright, http://schemas.google.com/blogger/2008/kind#post, procedure, tortious interference | Leave a comment

the trademark joke is a tricky beast

Posted on January 8, 2014 by rtushnet

For example: Me: Hi I’d like some cocaine please Dealer: is pepsicane ok? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Bumble Bee pushes the envelope, finds lawsuit inside

Posted on January 7, 2014 by rtushnet

Ogden v. Bumble Bee Foods, LLC, No. 12-CV-01828, 2014 WL 27527 (N.D. Cal. Jan. 2, 2014) I’m trying to do less food claim blogging, but I noted this case because of the summary judgment submissions, which contain interesting evidence about … Continue reading →

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

advertising law exam in 140 characters or less

Posted on January 7, 2014 by rtushnet

Film critic’s tweet turned into ad without his consent: violation of the right of publicity?  Grounds for a false endorsement claim?  Or just standard practice for publishers’/studios’ use of reviews?  (This ad is for a product itself protected by the … Continue reading →

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Guest post: Betsy Rosenblatt on the case of Sherlock Holmes’ two lives

Posted on January 6, 2014 by rtushnet

Klinger v. Conan Doyle Estate, Ltd., No. 13-cv-01226 (N.D. Ill. Dec. 23, 2013)   I’m going to turn this over to Betsy Rosenblatt, current colleague/head of the legal committee of the Organization for Transformative Works and Assistant Professor of Law/Director, Center … Continue reading →

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

The Cadillac of nominative fair use questions

Posted on January 6, 2014 by rtushnet

Check out the tagline for this Thermador ad: “The Swiss Army Knife® for the Culinary Obsessive.”  In the mouseprint footnote, there’s a link to the Thermador website and the statement “® Swiss Army is a registered trademark of Victorinox AG … Continue reading →

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Transformative work of the day

Posted on January 6, 2014 by rtushnet

Parody of Let it Go from Frozen: the rare parody that focuses on song structure.  I’m tempted to suggest that even the music publishers would have to call this one fair use, but that would be unrealistic. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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is political use of 9/11 images fair use?

Posted on January 6, 2014 by rtushnet

North Jersey Media Group Inc. v. SarahPAC, No. 13-cv-06494 S.D.N.Y. filed Oct.7, 2013 Sarah Palin used a photo of firefighters raising a flag at Ground Zero on 9/11 in her 2013 Facebook post labeled “Never forget.”  She was sued for … Continue reading →

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