Category Archives: dastar

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

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

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?

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

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

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

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court declines to dismiss hashtag infringement claim

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 | Leave a comment

picture of refurbished equipment wasn’t literally false passing off

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