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

Appropriation art and sf book covers

Posted on January 9, 2014 by rtushnet

How a Science Fiction Book Cover Became a $5.7 Million Painting: Appropriation art that relies on expanding size, not shrinking compared to the original, for the claim of transformativeness.  E.g., from a program: “[The paintings] are unusual for Brown in … Continue reading →

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

Oracle suit against third party claiming to provide lawful software updates proceeds

Posted on January 8, 2014 by rtushnet

Oracle America, Inc. v. TERiX Computer Company, Inc., No. 13-cv-03385, 2014 WL 31344 (N.D. Cal. Jan. 3, 2014) Oracle sells hardware, software, and support and consulting services to maintain those.  But people also use third-party vendors for support, and here … Continue reading →

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

Bumble Bee pushes the envelope, finds lawsuit inside

Posted on January 7, 2014 by rtushnet

Ogden v. Bumble Bee Foods, LLC, No. 12-CV-01828, 2014 WL 27527 (N.D. Cal. Jan. 2, 2014) I’m trying to do less food claim blogging, but I noted this case because of the summary judgment submissions, which contain interesting evidence about … Continue reading →

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

Guest post: Betsy Rosenblatt on the case of Sherlock Holmes’ two lives

Posted on January 6, 2014 by rtushnet

Klinger v. Conan Doyle Estate, Ltd., No. 13-cv-01226 (N.D. Ill. Dec. 23, 2013)   I’m going to turn this over to Betsy Rosenblatt, current colleague/head of the legal committee of the Organization for Transformative Works and Assistant Professor of Law/Director, Center … Continue reading →

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

Transformative work of the day

Posted on January 6, 2014 by rtushnet

Parody of Let it Go from Frozen: the rare parody that focuses on song structure.  I’m tempted to suggest that even the music publishers would have to call this one fair use, but that would be unrealistic. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

is political use of 9/11 images fair use?

Posted on January 6, 2014 by rtushnet

North Jersey Media Group Inc. v. SarahPAC, No. 13-cv-06494 S.D.N.Y. filed Oct.7, 2013 Sarah Palin used a photo of firefighters raising a flag at Ground Zero on 9/11 in her 2013 Facebook post labeled “Never forget.”  She was sued for … Continue reading →

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

a tasty copyright analogy

Posted on January 6, 2014 by rtushnet

Jonathan Lethem on the overexpansion of copyright rights, from an author who depends in part on copyright for his living: “It’s like there’s ten miles of frosting on a cake. I like the cake, I might cling to the cake, … Continue reading →

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"Natural" is too vague to be false advertising

Posted on January 2, 2014 by rtushnet

Balser v. Hain Celestial Group, Inc., No. CV 13–05604, 2013 WL 6673617 (C.D. Cal. Dec. 18, 2013)   Plaintiffs sued Hain for using “natural” and “100% vegetarian” on over 30 of its cosmetics, and the court dismissed the complaint.  Fraud … Continue reading →

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Claims relating to organic content completely preempted

Posted on January 2, 2014 by rtushnet

Quesada v. Herb Thyme Farms, Inc., — Cal. Rptr. 3d —-, No. B239602, 2013 WL 6730808 (Ct. App. Dec. 23, 2013) The court found that the federal Organic Foods Production Act of 1990 preempts state consumer lawsuits alleging violations of … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

Sleep Number no more: false advertising but not TM claims get TRO

Posted on January 1, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc.,  No. 13–2451, 2013 WL 6767821 (D. Minn. Dec. 23, 2013) Select Comfort, which sells Sleep Number/Select Comfort mattresses, sought a TRO against Mattress Firm (one of the defendants), a mattress retailer that … Continue reading →

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