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

How do you keep them in the library after they’ve seen Google?

Posted on December 4, 2014 by rtushnet

Oral argument in the latest and possibly last round of the longstanding Authors Guild v. Google case apparently went reasonably well for Google.  I was struck by Judge Chin’s statement that his clerks use Google Books to do cite checks.  … Continue reading →

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Falsity of political ad irrelevant to constitutionality of public entity’s rejection

Posted on December 3, 2014 by rtushnet

American Freedom Defense Initiative v. Southeastern Pennysylvania Transportation Authority, No. 2:14-5335 (E.D. Pa. Nov. 25, 2014) Plaintiffs sued SEPTA, arguing that it violated their First Amendment rights by refusing to post an ad on buses on the grounds that the … Continue reading →

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Lack of affirmative statement dooms Lanham Act claim

Posted on December 1, 2014 by rtushnet

FMC Corp. v. Summit Agro USA, LLC, 2014 WL 6627727,  No. 14–51 (D. Del. Nov. 14, 2014) (magistrate judge) FMC and Summit Argo compete in the herbicide market.  Herbicides are sold by manufacturers to distributors, thence to retailers, thence to … Continue reading →

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Disparagement to suppliers doesn’t trigger Lanham Act

Posted on December 1, 2014 by rtushnet

Neonatal Product Group, Inc. v. Shields, No. 13–CV–2601, 2014 WL 6685477 (D. Kan. Nov. 26, 2014) This is largely a patent case, in which defendants threatened Neonatal (dba Creche) with a lawsuit for patent infringement.  Creche sought a declaratory judgment … Continue reading →

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Garcia v. Google briefs

Posted on November 26, 2014 by rtushnet

Going up at the Ninth Circuit’s site.  The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative work of the day: Barbie the Computer Engineer

Posted on November 21, 2014 by rtushnet

Organization for Transformative Works volunteer Casey Fiesler explains in Slate. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reading list: Orly Lobel on employment law as IP law

Posted on November 21, 2014 by rtushnet

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading →

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organic cosmetics class certified

Posted on November 20, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason … Continue reading →

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Koch and wine: punitive damages for wine fraud reduced but allowed

Posted on November 17, 2014 by rtushnet

Koch v. Greenberg, 14 F. Supp. 3d 247 (S.D.N.Y. 2014) There’s probably a good magazine article or two in this story.  William Koch, the “litigious younger brother” of Charles and David, bought over 2600 bottles of rare French wine consigned … Continue reading →

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bills, applications and manuals can be commercial speech

Posted on November 12, 2014 by rtushnet

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, … Continue reading →

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