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

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

IPSC, Copyright and Society

Posted on August 6, 2015 by rtushnet

Third Breakout Session: Copyright & Society   Clemens Appl & Philipp Homar, Vienna University of Economics & Business, Education 4.0: Recent Challenges to Copyright   From user-generated content to user-generated copyright. Use of materials for educational purposes is one of … Continue reading →

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

IPSC: Other IP

Posted on August 6, 2015 by rtushnet

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading →

Posted in art law, conferences, copyright, design patent, fda, http://schemas.google.com/blogger/2008/kind#post, music, preemption | Leave a comment

IPSC First Breakout Session, Trademark Registration

Posted on August 6, 2015 by rtushnet

Barton Beebe & Jeanne Fromer, New York University School of Law Is the Frontier Closing?: Registration Rates of Frequently Used Words on the PTO’s Trademark Register    Much of TM literature claims that the range of marks is infinite; Qualitex … Continue reading →

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

IPSC, opening plenary

Posted on August 6, 2015 by rtushnet

IPSC at DePaul   Opening Plenary Session   Tributes to Benjamin Liu & Greg Lastowka, much-missed colleagues who passed away in the last year.   Roberta Kwall, DePaul University College of Law   Changes in law school in last 15 … Continue reading →

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Presumption of injury saves Lanham Act monetary award

Posted on August 5, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — Fed.Appx. —-, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015)   Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting.  The parties compete to sell … Continue reading →

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

Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

Posted on August 3, 2015 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015)   Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to … Continue reading →

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

No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

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

Limiting remedies when a descriptive fair use defense fails

Posted on July 30, 2015 by rtushnet

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading →

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