Author Archives: rtushnet

Reply brief in Lexmark v. Static Control

Posted on November 25, 2013 by rtushnet

Lexmark’s Reply Brief, to finish out the set.  Obviously I disagree, but I’ll limit myself here to one argument I think is disingenuous to the point of misleadingness: the equation of antitrust treble damages and fees, which are mandatory and … Continue reading →

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Retailer’s California claims against supplier proceed

Posted on November 22, 2013 by rtushnet

TRC & Associates v. NuScience Corp., 2013 WL 6073004, No. 2:13–cv–6903 (C.D. Cal. Nov. 18, 2013) TRC, a supplement retailer, sued NuScience and Lumina based on their sales to TRC of a dietary supplement, Cellfood.  TRC alleged that defendants misrepresented … Continue reading →

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

Posner likes trademarks, hates surveys

Posted on November 22, 2013 by rtushnet

Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., No. 13‐2559 (7th Cir. Nov. 14, 2013) This is a classic Posner trademark opinion, with a combination of skepticism and credulity (about his favored theory of trademark) whose … Continue reading →

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Copyright talking points and the TPP

Posted on November 20, 2013 by rtushnet

Mike Masnick has the story–which also qualifies for “transformative use of the day,” since it involves reproducing the talking points (likely an unpublished work no less!) in full in order to rebut them.  I particularly like his deconstruction of “nothing … Continue reading →

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Name your own price, then pay more: Court upholds Priceline’s model

Posted on November 19, 2013 by rtushnet

Freeman v. Priceline.com, Inc., 2013 WL 5946069, B242653 (Cal. Ct. App. Nov. 7, 2013) The court of appeals upheld a ruling getting Priceline off the hook for promising one price and delivering another, because the terms and conditions said that … Continue reading →

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possible internet, eBay sales into US insufficient for jurisdiction

Posted on November 19, 2013 by rtushnet

Gibson Brands Inc. v. Viacom Intern. Inc., 2013 WL 5940826, No. CV 12–10870 (C.D. Cal. Nov. 5, 2013) Gibson sued Viacom and JHS over a ukulele bearing the image of SpongeBob Squarepants formed in a V shape that allegedly infringed … Continue reading →

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I’m at io9

Posted on November 19, 2013 by rtushnet

I did Ask a Law Professor Your Questions about Fan Fiction and Mash-ups at io9 yesterday. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

defamation via Twitter, TM infringement via LinkedIn

Posted on November 18, 2013 by rtushnet

AvePoint, Inc. v. Power Tools, Inc., 2013 WL 5963034, No. 7:13CV00035 (W.D. Va. Nov. 7, 2013) AvePoint sued Power Tools (aka Axceler) and Burns (Axceler’s regional VP of sales for Western North America) for defamation, breach of contract, trademark infringement, … Continue reading →

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PTO/NTIA comments: remix

Posted on November 18, 2013 by rtushnet

Comments submitted to NTIA/PTO: I’m not going to cover all of them or the non-remix parts like the discussions of digital first sale.  For remix, along with the Organization for Transformative Works’ comment there are these:   ASCAP: Current doctrine is … Continue reading →

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It’s a cookbook!

Posted on November 18, 2013 by rtushnet

50 Shades of Chicken.  (If you got the title of my post, you are my people.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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