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

Firm that refers instead of represents might be falsely advertising

Posted on December 19, 2013 by rtushnet

Larry Pitt & Associates v. Lundy Law, LLP, No. 13–2398, 2013 WL 6536739 (E.D. Pa. Dec. 13, 2013) The parties compete to represent clients in the greater Philadelphia area, primarily in the fields of “small personal injury, social security disability, … Continue reading →

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

Genderswapping Bilbo Baggins

Posted on December 18, 2013 by rtushnet

Slate carries an article on reading the Hobbit with Bilbo as a female character.  Derivative work?  (Of course, fandom’s been doing this for a long time.  See Genderswap.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

fleeting uses in documentaries are fair, 4th Circuit says

Posted on December 18, 2013 by rtushnet

Bouchat v. Baltimore Ravens Limited Partnership, No. 12-2543 (4th Cir. Dec. 17, 2013) Bouchat has been litigating against the Ravens and others for a long time based on the Ravens’ infringement (established after a jury trial) of his design for … Continue reading →

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Domain names in the news: political scandal edition

Posted on December 18, 2013 by rtushnet

Christie Official At Center Of Probe Bought Domain Names Of Governor’s Political Opponents, via Firedoglake.  ACPA problem? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

"Natural" plus green imagery not puffery for diapers and wipes

Posted on December 17, 2013 by rtushnet

Jou v. Kimberly-Clark Corp., No. C-13-03075, 2013 WL 6491158 (N.D. Cal. Dec. 10, 2013) (magistrate judge) Plaintiffs brought the usual California claims and claims under Wisconsin law based on the “green” marketing of Huggies “pure & natural” diapers and “Natural … Continue reading →

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

FCC regulation doesn’t preempt action against wireless router ads

Posted on December 17, 2013 by rtushnet

Netgear, Inc. v. ASUSTeK Computer, Inc., No. C 13-3405, 2013 WL 6512700 (N.D. Cal. Dec. 12, 2013) Netgear sued defendants, whom I’m going to call ASUS, alleging claims for false advertising/unfair competition, tortious interference, and violations of the Sherman Act.  … Continue reading →

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

The TPP and termination rights

Posted on December 17, 2013 by rtushnet

The TPP’s Attack on Termination Rights?  Provocative post on EFF’s blog.  Of course we will be told that the TPP doesn’t require changes in domestic law (it just bars many improvements, something that ought to be notable given that Washington … Continue reading →

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

plaintiff not enough of a competitor to win false marking claim

Posted on December 16, 2013 by rtushnet

Sukumar v. Nautilus, Inc., No. 7:11–cv–00218, 2013 WL 6408351 (W.D. Va. Dec. 6, 2013) Previousdiscussion.  The court goes through a lot of facts and effort here to confirm that the AIA made false marking claims essentially impossible to win, and … Continue reading →

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

soy and almond milk couldn’t deceive reasonable consumers

Posted on December 16, 2013 by rtushnet

Ang v. Whitewave Foods Co., No. 13-cv-1953, 2013 WL 6492353 (N.D. Cal. Dec. 10, 2013) Plaintiffs sued over defendants’ Silk and Horizon products. The Silk products are plant-based beverages, including Silk Vanilla Soymilk, Silk Almond Milk, and Silk Coconut Milk.  … Continue reading →

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

PTO/NTIA online transactions

Posted on December 12, 2013 by rtushnet

Online Transactions Moderator: Ann Chaitovitz, Attorney‐Advisor for Copyright, Office of Policy and International Affairs, USPTO Comments generally agreed that online markets should be left to private markets. What role if any for the government. Panelists: Roy Kaufman, Copyright Clearance Center … Continue reading →

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