Category Archives: dastar

Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

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

Photo finish: allegedly unauthorized (c) sublicensing isn’t false designation of origin

Posted on August 3, 2015 by rtushnet

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015)   PIC specializes in commercial photography.  It took photos of lighting fixtures manufactured by nonparty OSI.  Defendants Orgill and Farm & City Supply distribute … Continue reading →

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

What claims work when D allegedly drives P down in Google rank through copying?

Posted on July 17, 2015 by rtushnet

Ryoo Dental, Inc. v. Han, 2015 WL 4208580, No. 15–308 (C.D. Cal. Jul. 9, 2015)   Ryoo Dental, a dental practice, had a website to promote its services, and allegedly spent considerable sums on “search engine optimization fees, photographing, editing, … Continue reading →

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

Dastar-barred claims can’t be repled as false advertising claims

Posted on July 14, 2015 by rtushnet

Friedman v. Zimmer, No. 15-502 (C.D. Cal. Jul. 10, 2015)   Richard Friedman sued Hans Zimmer and others, alleging that the score to 12 Years a Slaveinfringed his copyright to a composition, To Our Fallen.  Friedman also alleged violation of … Continue reading →

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

Amicus brief in Slep-Tone about scope of Dastar

Posted on June 18, 2015 by rtushnet

Belatedly, I also participated in this amicus brief in Slep-Tone v. Canton Phoenix, now on appeal in the 9th Circuit, about an attempt to make an end run around lack of copyright ownership to assert trademark claims instead.  Thanks to … Continue reading →

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

court declines to dismiss hashtag infringement claim

Posted on April 8, 2015 by rtushnet

Fraternity Collection, LLC v. Fargnoli, 2015 WL 1486375, No. 3:13–CV–664 (S.D. Miss. Mar. 31, 2015)   Fraternity Collection designs and sells shirt, including the “Pocket Shirt,” a custom article of clothing in which customers pick a particular style of shirt … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, secondary liability, tortious interference, trademark | 1 Comment

picture of refurbished equipment wasn’t literally false passing off

Posted on March 19, 2015 by rtushnet

Stolle Machinery Co., LLC v. RAM Precision Industries, — Fed.Appx. —-, 2015 WL 1137429, No. 13–4103 (6th Cir. Mar. 16, 2015)   Stolle makes used to produce food and beverage cans. Stolle’s former employee, Shu An moved back to China, … Continue reading →

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

Copying graffiti could infringe copyright and trademark

Posted on March 2, 2015 by rtushnet

Williams v. Roberto Cavalli S.p.A., No. 14-cv-06659 (C.D. Cal. Feb. 12, 2015)   Plaintiffs Jason Williams, Victor Chapa, and Jeffrey Rubin sued the producers and distributors of Just Cavalli clothing, alleging copyright infringement, removal and alteration of copyright information (CMI) … Continue reading →

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

Dastar doesn’t bar true reverse passing off claim

Posted on February 2, 2015 by rtushnet

Luxul Technology Inc. v. NectarLux, LLC, — F.Supp.3d —-, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015)   Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring. The parties contracted … Continue reading →

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

Dastar-barred claim survives both as false advertising and false designation

Posted on January 30, 2015 by rtushnet

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014)   AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and … Continue reading →

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