Author Archives: rtushnet

distributor’s switch to direct sourcing leads to Lanham Act claim

Posted on December 2, 2013 by rtushnet

Alpha Pro Tech, Inc. v. VWR Intern. LLC, No. 12–1615, 2013 WL 6179065 (E.D. Pa. Nov. 26, 2013) One way to tell the story of this complaint: company decides to outsource production of a flagship product to China, gets burned … Continue reading →

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

Publisher can’t maintain Lanham Act claim against satirical blog post

Posted on December 2, 2013 by rtushnet

Farah v. Esquire Magazine, No. 12–7055, 2013 WL 6169660, — F.3d – (D.C. Cir. Nov. 26, 2013) Mark Warren wrote a blog post on Esquire Magazine’s Politics Blog.  The entry was posted one day after the release of Jerome Corsi’s … Continue reading →

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

Lexmark post-argument panel at AU

Posted on November 27, 2013 by rtushnet

American University Washington College of Law  Program on Information Justice & Intellectual Property  Presents Supreme Court Series: Lexmark International, Inc. v.  Static Control Components, Inc. Tuesday, December 3, 2013 4:00pm – 5:30pm Reception to follow   Room 603 American University, … Continue reading →

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

Bike humor

Posted on November 27, 2013 by rtushnet

Via Bikearlington on Twitter.  Hardly-Davidson “Born to be Mild” strikes me as a pretty good parody. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, parody, trademark | Leave a comment

The work of art in an age of mechanical demolition?

Posted on November 27, 2013 by rtushnet

Cohen v. G&M Realty L.P., No. 13-cv-05612 (E.D.N.Y. Nov. 20, 2013) This VARA dispute makes some interesting moves on irreparable harm—it’s hard to see why courts are still stuck in “copyright/TM harm is irreparable” given what they’re doing elsewhere.   … Continue reading →

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

Hey Jude, WTH? Competitor plaintiff fails despite falsity and presumed harm

Posted on November 26, 2013 by rtushnet

Berken v. Jude, No. 12–cv–02555, 2013 WL 6152347 (D. Colo. Nov. 22, 2013) Berken alleged that Jude and his law firm, Jude Law, LLC (really?), falsely advertised in violation of the Lanham Act and the Colorado Consumer Protection Act (CCPA).  … Continue reading →

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

Right of publicity question of the day

Posted on November 26, 2013 by rtushnet

Does this mortgage broker’s ad, quoting Mr. Rogers, violate any right? Text: “If you could only sense how important you are to the lives of those you meet, how important you can be to the people you may never even … Continue reading →

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ABA Journal Blawg 100

Posted on November 26, 2013 by rtushnet

I’m on the ABA Journal’s Blawg 100, which is a real treat!  Check out the many worthy news sources there. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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coincidental co-creation

Posted on November 25, 2013 by rtushnet

Author’s note from William Pene du Bois, The Twenty-One Balloons (1947): Just before publication of The Twenty-One Balloons, my publishers noted a strong resemblance between my book and a story by F. Scott Fitzgerald entitled “The Diamond as Big as … Continue reading →

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

transformative work of the day

Posted on November 25, 2013 by rtushnet

I Ship It, by notliterally—a hilarious parody of Icona Pop’s song that is also a love letter to fandom. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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