Author Archives: rtushnet

Dilution is more than association: but what more?

Posted on December 5, 2013 by rtushnet

The ECJ recently ruled on dilution as a ground for refusing registration. Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (OHIM), November 14, 2013 (Case C-383/12 P).  If this is taken seriously, I can’t imagine how anyone … Continue reading →

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Blurred lines, part 3

Posted on December 5, 2013 by rtushnet

Panel 3: The Way Forward on Transparency: A discussion of best practices Moderator: Mary K. Engle, Associate Director, Division of Advertising Practices, FTC Examples of native ads: “sponsored” story, labeled as such in gray at the top of the headline, … Continue reading →

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Blurred lines: really part 2 this time

Posted on December 4, 2013 by rtushnet

Sorry for earlier posting difficulties.  The Lessons of Nauru Bob Garfield, Co-host of On the Media and MediaPost columnist Nauru: was wealthy; phosphate resource from centuries of built up guano was valuable, but only took 50 years to destroy, and … Continue reading →

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Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising

Posted on December 4, 2013 by rtushnet

Blurred Lines: Advertising or Content? An FTC Workshop on Native Advertising Welcoming Remarks:  Edith Ramirez, Chairwoman, FTC Advertising integrated into digital content. Recent survey of online publishers: 73% offer native advertising opportunities and 17% considering. 41% of brands and many … Continue reading →

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perils of automated recommendation ads

Posted on December 4, 2013 by rtushnet

A promotional e-mail from Spotify included the text “Have you heard this song by Lily Allen?  Give it a try.  Fuck You.”  The ASA upheld a complaint against the ad. Though consumers were targeted for the ad because of previous genres … Continue reading →

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AU’s post-argument panel on Lexmark v. Static Control

Posted on December 4, 2013 by rtushnet

Oral argument transcript here: Most of the questions seemed to me more favorable to Static Control, though Kennedy said almost nothing. Steven B. Loy – Stoll Keenon Ogden PLLC, representing Lexmark Lexmark makes printers and cartridges: position is that primary … Continue reading →

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A song about big data

Posted on December 4, 2013 by rtushnet

Vienna Teng’s Hymn of Acxiom (bonus trademark question included). leave your life open. you don’t have to hide. someone is gathering every crumb you drop, these (mindless decisions and) moments you long forgot. keep them all. … is that wrong?isn’t … Continue reading →

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Eric Goldman previews Lexmark

Posted on December 2, 2013 by rtushnet

At Forbes, here.  As is obvious, Eric and I part ways on several issues, but as always I respect his viewpoint. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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eBay seller loses gray goods case

Posted on December 2, 2013 by rtushnet

Bose Corporation v. Ejaz, No. 12-2403 (1st Cir. Oct. 4, 2013)  Bose won summary judgment on its breach of contract and trademark claims against Ejaz, who sold home theater systems made by Bose for use in the US to other … Continue reading →

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lawyer who doesn’t mediate lacks standing against mediators

Posted on December 2, 2013 by rtushnet

Stahl Law Firm v. Judicate West, 2013 WL 6200245, NO. C13-1668 (Nov. 27, 2013) Previous ruling on plaintiff’s lack of Article III standing.  Here the court finds that the amended complaint does not address the deficiencies identified earlier, denies defendants’ … Continue reading →

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