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

Reading list: copyrightability of plastination

Posted on January 6, 2015 by rtushnet

Via Larry Solum.  I haven’t read this but I’ve been fascinated by plastination for years, and finally my interests unite.  Kirill Ershov, A Macabre Fixation: Is Plastination Copyrightable?: Abstract: Dr. Gunther von Hagens invented plastination as a process to preserve … Continue reading →

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claims about patent might be misleading if on-sale bar clearly applied

Posted on January 6, 2015 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., 25 F. Supp. 3d 170 (D. Mass. 2014)   Bern, which sells sports helmets, sued six competing helmet makers.  It initially sued for design patent infringement, but dropped that claim and switched to trade … Continue reading →

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

Affiliates are advertiser’s agents

Posted on January 5, 2015 by rtushnet

American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 7404597, No. CV 14–01873 (C.D. Cal. Dec. 30, 2014)   Regal sought reconsideration of the court’s grant of a preliminary injunction on false advertising claims, which was granted in part.  American … Continue reading →

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statements by competitors are not matters of public interest

Posted on January 2, 2015 by rtushnet

Broadspring, Inc. v. Congoo, LLC, 2014 WL 7392905, No. 13–CV–1866 (S.D.N.Y. Dec. 29, 2014)   As part of resolving various evidentiary issues before trial between these online advertising service competitors, the court gave guidance on some more general false advertising … Continue reading →

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

Accusation of "instability" actionable but use of generic term isn’t confusing

Posted on January 1, 2015 by rtushnet

EndoSurg Medical, Inc. v. EndoMaster Medical, Inc., No. GJH–14–2827, 2014 WL 7336691 (D. Md. Dec. 19, 2014)   Plaintiff EndoSurg makes endoscope replacement components, and plaintiff EndoCure makes custom rigid and small diameter flexible endoscopes.  (Endoscopic surgery requires inserting an … Continue reading →

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

Transformative work of the day

Posted on December 30, 2014 by rtushnet

Indiana Bones and the Raiders of the Lost Bark.  Via ST. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Failure to disclose potato variety isn’t misleading

Posted on December 30, 2014 by rtushnet

Zuckerman Family Farms, Inc. v. Bidart Bros., No. 1:14–cv–01529, 2014 WL 7239423 (E.D. Cal. Dec. 17, 2014)   Plaintiffs sued for violation of the Plant Variety Protection Act (PVPA), the Lanham Act, and California Business Practices Code section 17200 et … Continue reading →

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

Sony in the Killzone: case over resolution continues

Posted on December 29, 2014 by rtushnet

Ladore v. Sony Computer Entertainment America, LLC, 2014 WL 7187159, No. C–14–3530 (N.D. Cal. Dec. 16, 2014)   Ladore sued Sony for allegedly false advertising of its video game Killzone: Shadow Fall. Sony allegedly represented that Killzone’s “multiplayer” mode renders … Continue reading →

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Do you have to buy the IP to buy the "company"?

Posted on December 29, 2014 by rtushnet

A.Hak Industrial Services BV v. TechCorr USA, LLC, 2014 WL 7272796, No. 3:11–CV–74 (N.D. W. Va. Dec. 18, 2014)   Berkeley Springs Instruments (BSI) sold certain IP rights in robotic tank inspection and cleaning technology to A.Hak. TechCorr argued that … Continue reading →

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

scientific claims in ordinary ads aren’t protected opinion

Posted on December 24, 2014 by rtushnet

Eastman Chemical Co. v. Plastipure, Inc., 2014 WL 7271384, No. 13–51087 (5th Cir. Dec. 22, 2014) A jury found that Plastipure (and defendant CertiChem) engaged in false advertising (discussed here).  The court of appeals affirmed the entry of an injunction.  … Continue reading →

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