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

New paper: response to Fishman’s Creating Around Copyright

Posted on March 11, 2015 by rtushnet

Joseph Fishman’s article Creating Around Copyright was just published in the Harvard Law Review. Abstract: It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view … Continue reading →

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

Past falsity is no guarantee of present results

Posted on March 11, 2015 by rtushnet

Dyson, Inc. v. Euro-Pro Operating LLC, No. 14-cv-09442 (N.D. Ill. Mar. 10, 2015)   I’m going to try to go light on the details of the tests here, featuring evaluations of vacuums’ carpet cleaning power.  Bottom line: while Dyson brought … Continue reading →

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

art collector lacks remedy against foundation’s claim of inauthenticity

Posted on March 11, 2015 by rtushnet

Bilinski v. Keith Haring Foundation, Inc., 2015 WL 996423, No. 14cv1085 (S.D.N.Y. Mar. 6, 2015)   Keith Haring was a “prolific artist and social activist whose work responded to the New York City street culture of the 1980s.”  Plaintiffs alleged … Continue reading →

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

Copyright preemption bars athletes’ right of publicity claims against photo sales

Posted on March 10, 2015 by rtushnet

Maloney v. T3Media, Inc., No. 14-cv-05048 (C.D. Cal. Mar. 6, 2015)   Plaintiffs, members of the Catholic University basketball team from 1997 until 2001, sued T3, which provides cloud-based storage, hosting and licensing services for digital content uploaded by third-parties. … Continue reading →

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

Transformative use of the day, Vancouver edition

Posted on March 6, 2015 by rtushnet

Via an eagle-eyed friend. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Focus, Grasshopper: infringement isn’t false advertising

Posted on March 6, 2015 by rtushnet

Grasshopper Motorcycles, Ltd. v. Rivera, No. 14–cv–320, 2015 WL 853564 (W.D. Wis. Feb. 26, 2015) (magistrate judge)   Grasshopper sells a moon-shaped backrest designed to be attached behind the driver’s seat of a motorcycle. “Its 2013 sales were approximately $333,000, … Continue reading →

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PTO descriptiveness finding inadmissible where court ruled mark suggestive

Posted on March 6, 2015 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2015 WL 871137, No. 08–11867 (E.D. Mich. Feb. 27, 2015)   Various evidentiary rulings in the latest round of this trademark/false advertising case over energy shots, the first of which presages what I expect … Continue reading →

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

Irreparable harm webinar tomorrow

Posted on March 5, 2015 by rtushnet

Please click on the link below to register for a timely lunchtime teleseminar where our panel of experts will address the status of “irreparable harm” in Lanham Act false advertising cases.   Recent cases have suggested that courts no longer … Continue reading →

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

UK ad regulator finds Israel falsely advertised

Posted on March 4, 2015 by rtushnet

By implying that the Old City of Jerusalem was recognized as being in Israel, rather than in occupied Palestinian territories.  File under: having the First Amendment makes the US very different. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Pregnancy clinic ads are commercial speech

Posted on March 2, 2015 by rtushnet

First Resort, Inc. v. Herrera, No. C 11-5534 (N.D. Cal. Feb. 20, 2015)      The court rejected a facial challenge to San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, “aimed at ensuring that indigent women facing unexpected pregnancies are not … Continue reading →

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment