Author Archives: rtushnet

Leading survey questions

Posted on December 19, 2013 by rtushnet

A recent Australian case, Adidas v. Pacific Brands Footwear, included some comments on a standard TM survey question. I find the judge’s point quite provocative; I wonder whether American judges might agree: [R]elated to my first reason for giving the survey … Continue reading →

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Genderswapping Bilbo Baggins

Posted on December 18, 2013 by rtushnet

Slate carries an article on reading the Hobbit with Bilbo as a female character.  Derivative work?  (Of course, fandom’s been doing this for a long time.  See Genderswap.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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fleeting uses in documentaries are fair, 4th Circuit says

Posted on December 18, 2013 by rtushnet

Bouchat v. Baltimore Ravens Limited Partnership, No. 12-2543 (4th Cir. Dec. 17, 2013) Bouchat has been litigating against the Ravens and others for a long time based on the Ravens’ infringement (established after a jury trial) of his design for … Continue reading →

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Domain names in the news: political scandal edition

Posted on December 18, 2013 by rtushnet

Christie Official At Center Of Probe Bought Domain Names Of Governor’s Political Opponents, via Firedoglake.  ACPA problem? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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The ASA and ads for offensive products

Posted on December 18, 2013 by rtushnet

The UK’s Advertising Standards Authority would seem to have a particular remit: advertising.  A recent adjudication, however, suggests that the ASA will go beyond that, at least online.  Zazzle Inc, No. A13-247896, involved a complaint that Zazzle’s offering of a … Continue reading →

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"Natural" plus green imagery not puffery for diapers and wipes

Posted on December 17, 2013 by rtushnet

Jou v. Kimberly-Clark Corp., No. C-13-03075, 2013 WL 6491158 (N.D. Cal. Dec. 10, 2013) (magistrate judge) Plaintiffs brought the usual California claims and claims under Wisconsin law based on the “green” marketing of Huggies “pure & natural” diapers and “Natural … Continue reading →

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FCC regulation doesn’t preempt action against wireless router ads

Posted on December 17, 2013 by rtushnet

Netgear, Inc. v. ASUSTeK Computer, Inc., No. C 13-3405, 2013 WL 6512700 (N.D. Cal. Dec. 12, 2013) Netgear sued defendants, whom I’m going to call ASUS, alleging claims for false advertising/unfair competition, tortious interference, and violations of the Sherman Act.  … Continue reading →

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The TPP and termination rights

Posted on December 17, 2013 by rtushnet

The TPP’s Attack on Termination Rights?  Provocative post on EFF’s blog.  Of course we will be told that the TPP doesn’t require changes in domestic law (it just bars many improvements, something that ought to be notable given that Washington … Continue reading →

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Descriptive or nominative?

Posted on December 17, 2013 by rtushnet

I like clever ads that play both on trademark and non-trademark meaning, but I always wonder if our defenses are sufficient to accommodate them: I saw no indication on the ad that Walmart sought permission for this use of “Apples” … Continue reading →

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plaintiff not enough of a competitor to win false marking claim

Posted on December 16, 2013 by rtushnet

Sukumar v. Nautilus, Inc., No. 7:11–cv–00218, 2013 WL 6408351 (W.D. Va. Dec. 6, 2013) Previousdiscussion.  The court goes through a lot of facts and effort here to confirm that the AIA made false marking claims essentially impossible to win, and … Continue reading →

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