Category Archives: http://schemas.google.com/blogger/2008/kind#post

Pam Samuelson on futures of fair use

Posted on April 17, 2015 by rtushnet

University of Washington School of Law: Fair Use In The Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose’s “Transformative Use Test” (aka Campbell at 21)   Opening Keynote Address: Professor Pam Samuelson: Possible Futures of Fair Use   Campbell … Continue reading →

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

Thermolife sues critic’s blog for cybersquatting

Posted on April 15, 2015 by rtushnet

A reader pointed me to this lawsuit, alleging cybersquatting against https://ronkramermusclebeach.wordpress.com/ based on Thermolife’s Muscle Beach marks.  You may notice that this isn’t really a domain name, but a blog hosted on WordPress.  In an in rem proceeding, will the court … Continue reading →

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

resources spent correcting false advertising provide business standing in California

Posted on April 15, 2015 by rtushnet

Underground Solutions, Inc. v. Palermo, No. 13 C 8407, 2015 WL 1594189 (N.D. Ill. Apr. 7, 2015)   Previous ruling on this dispute between Underground Solutions and a person who basically served as an expert supporting its competitor. Related case … Continue reading →

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

Preemption and dormant commerce clause challenges to Cal. Made in US law fail

Posted on April 15, 2015 by rtushnet

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015)   Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the … Continue reading →

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

Primary jurisdiction didn’t warrant dismissal of "natural" claims, 9th Cir. says

Posted on April 13, 2015 by rtushnet

Astiana v. Hain Celestial Group, Inc., No. 12-17596 (9th Cir. Apr. 10, 2015)   As the court of appeals introduced the case:   A product labeled “all natural” or “pure natural” likely evokes images of ground herbs and earth extracts … Continue reading →

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

Click click boom: affiliate marketing network liable for affiliates’ false advertising

Posted on April 10, 2015 by rtushnet

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015)   The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products … Continue reading →

Posted in 230, ftc, http://schemas.google.com/blogger/2008/kind#post, secondary liability | Leave a comment

No dog in this fight: PTO makes a cancelled mark incontestable

Posted on April 10, 2015 by rtushnet

Nola Spice Designs, LLC v. Haydel Enterprises Inc., No. 13-30918, — F.3d – (5th Cir. Apr. 8, 2015) Opinion below, rejecting trademark and copyright claims based on competing Mardi Gras bead dog designs. (And a reminder: sending a DMCA notice … Continue reading →

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

Fraudulent concealment allegations preserve Lanham Act claim

Posted on April 9, 2015 by rtushnet

In re Honey Transshipping Litigation, No. 13–cv–2905, 2015 WL 1539034 (N.D. Ill. Mar. 31, 2015)   The class plaintiffs sued for violations of the Lanham Act and RICO; I’m just discussing claims against defendant Honey Solutions. The claims came from … Continue reading →

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

Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

Posted in consumer protection, http://schemas.google.com/blogger/2008/kind#post, remedies, standing | 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