Author Archives: rtushnet

"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 →

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

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 →

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

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 →

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

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 →

Posted in trademark | Leave a comment

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 →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, patent | Leave a comment

soy and almond milk couldn’t deceive reasonable consumers

Posted on December 16, 2013 by rtushnet

Ang v. Whitewave Foods Co., No. 13-cv-1953, 2013 WL 6492353 (N.D. Cal. Dec. 10, 2013) Plaintiffs sued over defendants’ Silk and Horizon products. The Silk products are plant-based beverages, including Silk Vanilla Soymilk, Silk Almond Milk, and Silk Coconut Milk.  … Continue reading →

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

PTO/NTIA online transactions

Posted on December 12, 2013 by rtushnet

Online Transactions Moderator: Ann Chaitovitz, Attorney‐Advisor for Copyright, Office of Policy and International Affairs, USPTO Comments generally agreed that online markets should be left to private markets. What role if any for the government. Panelists: Roy Kaufman, Copyright Clearance Center … Continue reading →

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

PTO/NTIA access to rights information

Posted on December 12, 2013 by rtushnet

The Government’s Role in a More Efficient Online Marketplace Panel #1: Access to Rights Information Moderator: Garrett Levin, Attorney‐Advisor for Copyright, Office of Policy and International Affairs, USPTO Building the online marketplace is fundamentally for the private sector, and that … Continue reading →

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

PTO/NTIA: notice and takedown

Posted on December 12, 2013 by rtushnet

Improving the Operation of the Notice and Takedown System Moderator: John Morris, Associate Administrator and Director of Internet Policy, NTIA Voluntary agreement among wireless companies will be announced today re: cellphone unlocking. We will not be talking about fundamental changes … Continue reading →

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

PTO/NTIA: Maria Pallante

Posted on December 12, 2013 by rtushnet

Current Copyright Office Initiatives on Digital Issues Introduction: Shira Perlmutter, Chief Policy Officer and Director for International Affairs, USPTO Copyright Office is covering many of the key issues addressed/not addressed in the Green Paper with studies etc.  Support/provide input into … Continue reading →

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