Author Archives: rtushnet

Sleep Number no more: false advertising but not TM claims get TRO

Posted on January 1, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc.,  No. 13–2451, 2013 WL 6767821 (D. Minn. Dec. 23, 2013) Select Comfort, which sells Sleep Number/Select Comfort mattresses, sought a TRO against Mattress Firm (one of the defendants), a mattress retailer that … Continue reading →

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Taking on notorious criminal’s persona is protected by First Amendment

Posted on December 28, 2013 by rtushnet

Ross v. Roberts, No. B242531, 2013 WL 6780578 (Cal. Ct. App. Dec. 23, 2013) Ricky Ross, aka Rick Ross and “Freeway” Ricky Ross, “is a former criminal who achieved some sort of celebrity status due, in part, to the enormous … Continue reading →

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Irrationally sexist advertising

Posted on December 20, 2013 by rtushnet

PETA notoriously has a lot of ad campaigns focusing on women’s bodies and sexuality.  Two recent studies suggest that this backfires: dehumanizing women reduces intentions to support the organization.  It’s a mantra that half of all advertising dollars are wasted–but … Continue reading →

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House brands in Australia

Posted on December 20, 2013 by rtushnet

The IP Whiteboard has an interesting series of posts on house brands imitating national brand trade dress in Australia, including pictures.  I also didn’t know about JP Morgan’s “Bitcoin-like” patent application. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Firm that refers instead of represents might be falsely advertising

Posted on December 19, 2013 by rtushnet

Larry Pitt & Associates v. Lundy Law, LLP, No. 13–2398, 2013 WL 6536739 (E.D. Pa. Dec. 13, 2013) The parties compete to represent clients in the greater Philadelphia area, primarily in the fields of “small personal injury, social security disability, … Continue reading →

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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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