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

PTO/NTIA access to rights information

Posted on December 12, 2013 by rtushnet

The Government’s Role in a More Efficient Online Marketplace Panel #1: Access to Rights Information Moderator: Garrett Levin, Attorney‐Advisor for Copyright, Office of Policy and International Affairs, USPTO Building the online marketplace is fundamentally for the private sector, and that … Continue reading →

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

PTO/NTIA: notice and takedown

Posted on December 12, 2013 by rtushnet

Improving the Operation of the Notice and Takedown System Moderator: John Morris, Associate Administrator and Director of Internet Policy, NTIA Voluntary agreement among wireless companies will be announced today re: cellphone unlocking. We will not be talking about fundamental changes … Continue reading →

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PTO/NTIA: Maria Pallante

Posted on December 12, 2013 by rtushnet

Current Copyright Office Initiatives on Digital Issues Introduction: Shira Perlmutter, Chief Policy Officer and Director for International Affairs, USPTO Copyright Office is covering many of the key issues addressed/not addressed in the Green Paper with studies etc.  Support/provide input into … Continue reading →

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PTO/NTIA: remix

Posted on December 12, 2013 by rtushnet

Legal Framework for Remixes Moderator: Michael Shapiro, Senior Counsel for Copyright, USPTO Panelists: David Carson, International Federation of the Phonographic Industry Popular image of industry that forcefully asserts rights and goes to court at drop of hat is not the … Continue reading →

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

PTO/NTIA hearing: first sale

Posted on December 12, 2013 by rtushnet

The First Sale Doctrine in the Digital Age Moderator: Karyn Temple Claggett, Associate Register of Copyrights and Director of Policy & International Affairs, United States Copyright Office Previous Copyright Office study concluded that first sale only covers distribution and thus … Continue reading →

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PTO/NTIA Green Paper Hearing, statutory damages

Posted on December 12, 2013 by rtushnet

Department of Commerce Public Meeting: Copyright Policy, Creativity, and Innovation in the Digital Economy United States Patent and Trademark Office – Madison Auditorium Live webcast available at: https://new.livestream.com/uspto/copyright The Appropriate Calibration of Statutory Damages: Individual File Sharers and Secondary Liability … Continue reading →

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Briefly noted: consumers challenging express substantiation claims

Posted on December 11, 2013 by rtushnet

McCrary v. Elations Co., No. EDCV 13–0242, 2013 WL 6403073 (C.D. Cal. July 12, 2013) While rejecting claims based on defendant’s supplement’s general ad claims to support joint health and the like, the court allows McCrary to challenge the explicit … Continue reading →

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Uber’s "tips included" claims lead to driver lawsuit

Posted on December 10, 2013 by rtushnet

O’Connor v. Uber Technologies, Inc., 2013 WL 6354534, No. C-13-3826 EMC (N.D. Cal. Dec. 5, 2013) Plaintiffs sued Uber on behalf of a putative nationwide class of drivers for Uber, alleging, among other things, that Uber falsely represents to customers … Continue reading →

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TM infringement no matter how dissimilar the marks?

Posted on December 9, 2013 by rtushnet

Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., No. C 13–0575, 2013 WL 6354244 (N.D. Cal. Dec. 5, 2013) Sometimes I think Iqbal/Twomblyis for people who don’t own trademarks.  Here, Kirby Morgan sought to amend its counterclaims for trademark … Continue reading →

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Learned intermediary doctrine doesn’t bar claim at pleading stage

Posted on December 9, 2013 by rtushnet

Saavedra v. Eli Lilly and Co., 2013 WL 6345442, No. 2:12–cv–9366 (C.D. Cal. Feb. 26, 2013) Plaintiffs brought a putative class action under the consumer protection laws of California, Massachusetts, Missouri, and New York, and Saavedra also brought individual causes … Continue reading →

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