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

Get used to disappointment

Posted on December 9, 2013 by rtushnet

“My Princess Bride” play halted after lawsuit threat.  As Zach Schrag said, you have a real choice of witty headlines here, though I might also vote for “copyright law is pain, highness; anyone who says differently is selling something.” http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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PTO/NTIA Green Paper public meeting agenda

Posted on December 6, 2013 by rtushnet

To be held December 12.  Agenda available here in pdf.  I will be speaking on the panel on the legal framework for remixes, in particular from the perspective of creators of noncommercial transformative works. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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competitor can challenge allegedly confusing use of certifier’s TM

Posted on December 6, 2013 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2013 WL 6234598, No. RDB–12–2568 (D. Md. Nov. 13, 2013) I’m only discussing the Lanham Act claims, but there are many other claims in this case.  First Data and SecurityMetrics generally sit … Continue reading →

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software is a "good" but California claims still fail

Posted on December 6, 2013 by rtushnet

Haskins v. Symantec Corporation, 2013 WL 6234610, No. 13-cv-01834-JST  (N.D. Cal. Dec. 2, 2013) In 2006, hackers infiltrated Symantec’s network and stole the source code used in the 2006 versions of its antivirus etc. products. Symantec allegedly knew this, but … Continue reading →

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9th Circuit resoundingly rejects presumption of irreparable harm in Lanham Act cases

Posted on December 5, 2013 by rtushnet

Herb Reed Enterprises, LLC v. Florida Entertainment Opinion Management, Inc., No. 12-16868 (9th Cir. Dec. 2, 2013) Fascinating to have this case come out just as I’m teaching remedies in my trademark class.  The casebook (Ginsburg et al.) is hanging … Continue reading →

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AU’s post-argument panel on Lexmark v. Static Control

Posted on December 4, 2013 by rtushnet

Oral argument transcript here: Most of the questions seemed to me more favorable to Static Control, though Kennedy said almost nothing. Steven B. Loy – Stoll Keenon Ogden PLLC, representing Lexmark Lexmark makes printers and cartridges: position is that primary … Continue reading →

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Eric Goldman previews Lexmark

Posted on December 2, 2013 by rtushnet

At Forbes, here.  As is obvious, Eric and I part ways on several issues, but as always I respect his viewpoint. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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lawyer who doesn’t mediate lacks standing against mediators

Posted on December 2, 2013 by rtushnet

Stahl Law Firm v. Judicate West, 2013 WL 6200245, NO. C13-1668 (Nov. 27, 2013) Previous ruling on plaintiff’s lack of Article III standing.  Here the court finds that the amended complaint does not address the deficiencies identified earlier, denies defendants’ … Continue reading →

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distributor’s switch to direct sourcing leads to Lanham Act claim

Posted on December 2, 2013 by rtushnet

Alpha Pro Tech, Inc. v. VWR Intern. LLC, No. 12–1615, 2013 WL 6179065 (E.D. Pa. Nov. 26, 2013) One way to tell the story of this complaint: company decides to outsource production of a flagship product to China, gets burned … Continue reading →

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Publisher can’t maintain Lanham Act claim against satirical blog post

Posted on December 2, 2013 by rtushnet

Farah v. Esquire Magazine, No. 12–7055, 2013 WL 6169660, — F.3d – (D.C. Cir. Nov. 26, 2013) Mark Warren wrote a blog post on Esquire Magazine’s Politics Blog.  The entry was posted one day after the release of Jerome Corsi’s … Continue reading →

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