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

Dial U for unfair competition?

Posted on January 20, 2015 by rtushnet

Liveperson, Inc. v. 24/7 Customer, Inc., 2015 WL 170348, No. 14 Civ. 1559 (S.D.N.Y. Jan. 13, 2015)   LivePerson “provides customers with live-interaction and customer engagement technology for e-commerce websites, enabling businesses to interact in real-time with their website customers.”  … Continue reading →

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

Pinterest, sponsorship, and copyright

Posted on January 20, 2015 by rtushnet

Fascinating story on top pinners on Pinterest, which suggests that Pinterest’s policies deter people from disclosing sponsorships (which the FTC wants them to do; could it go after Pinterest for deterring users’ compliance?), and also contains the interesting note that … Continue reading →

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

Lexmark applies to false association, not just false advertising

Posted on January 15, 2015 by rtushnet

International Foundation of Employee Ben. Plans, Inc. v. Cottrell, No. WDQ–14–1269, 2015 WL 127839 (D. Md. Jan. 7, 2015)   IFEBP sued Cottrel, d/b/a HR Vantage, for false advertising, trademark infringement, and related claims.  IFEBP is a nonprofit that trains … Continue reading →

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

Interpretation of alleged relabeling agreement is for jury

Posted on January 15, 2015 by rtushnet

Ecore International, Inc., v. Downey, No. 12–2729, 2015 WL 127316 (E.D. Pa. Jan. 7, 2015)   Ecore makes recycled rubber flooring; defendants allegedly relabeled and resold Ecore’s goods as its own.  Downey owns an engineering consulting company that provided consulting … Continue reading →

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

Passing off claim is subject to Rule 9(b) but passes

Posted on January 14, 2015 by rtushnet

Medscript Pharmacy, LLC v.My Script, LLC, LLC, No. 14 C 0469, 2015 WL 149062 (N.D. Ill. Jan. 12, 2015)   The complaint alleged that Medscript was a Professional Compounding Centers of America (PCCA) certified compounding pharmacy, while defendants are compounding … Continue reading →

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

Transformative work of the day

Posted on January 9, 2015 by rtushnet

Six country songs from last year, played over each other.  I’m not a fan of the genre, but this strikes me as very well done as well as funny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Reading list: cheap books and scientific progress

Posted on January 8, 2015 by rtushnet

Barbara Biasi & Petra Moser, Does Cheap Access Encourage Science? Evidence from the WWII Book Replication Program. Abstract: Policies that reduce the costs of accessing prior knowledge (which is covered by copyrights) are becoming increasingly prominent, even though systematic empirical … Continue reading →

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

Lost goodwill isn’t irreparable harm without comprehensive effect on overall business

Posted on January 7, 2015 by rtushnet

Via Sarah Burstein:   Worldwide Diamond Trademark S, Ltd., v. Blue Nile, Inc., No. 14-cv-03521 (S.D.N.Y. Nov. 6, 2014)   Worldwide sought a preliminary injunction in its patent and trade dress lawsuit against Blue Nile for allegedly copying its Hearts … Continue reading →

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

Book chapter on resisting gendered concepts of creativity

Posted on January 7, 2015 by rtushnet

Rebecca Tushnet, The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, in DIVERSITY IN INTELLECTUAL PROPERTY, (Irene Calboli & Srividhya Ragavan eds., Cambridge Univ. Press, forthcoming 2015). Abstract: Dominant narratives of creativity regularly expect female-associated forms of … Continue reading →

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

False endorsement analyzed as explicit v. implicit falsity

Posted on January 6, 2015 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2014 WL 7409537, No. RDB–12–2568 (D. Md. Dec. 30, 2014)   Earlier ruling excluding false endorsement survey.  Even earlier ruling allowing false endorsement theory to proceed.   This “contentious” case involved a … Continue reading →

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