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

Next! Bonded leather maker loses false advertising claims against critics

Posted on June 19, 2015 by rtushnet

Design Resources, Inc. v. Leather Industries of America, — F.3d —-, 2015 WL 3775712 (4th Cir. June 18, 2015)   The Fourth Circuit affirmed the district court’s summary judgment kicking out Lanham Act (and coordinate state) false advertising claims against … Continue reading →

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Thought for (pet) food: false advertising claims continue

Posted on June 19, 2015 by rtushnet

Blue Buffalo Company Ltd. v. Nestlé Purina Petcare Co., No. 15 CV 384, 2015 WL 3645262 (E.D. Mo. June 10, 2015)   Blue Buffalo sued Purina for false advertising ten of its pet food products under the Lanham Act, the … Continue reading →

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All that is solid melts into air: photog loses claim against Nike Jordan photo and logo

Posted on June 18, 2015 by rtushnet

Rentmeester v. Nike, Inc., No. 3:15-cv-00113 (D. Ore. Jun. 15, 2015)   Rentmeester shot a photo of then-North Carolina student Michael Jordan for a 1984 issue of LIFE magazine.  Instead of a conventional gym shot, Rentmeester photographed Jordon outdoors, “on … Continue reading →

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Amicus brief in Slep-Tone about scope of Dastar

Posted on June 18, 2015 by rtushnet

Belatedly, I also participated in this amicus brief in Slep-Tone v. Canton Phoenix, now on appeal in the 9th Circuit, about an attempt to make an end run around lack of copyright ownership to assert trademark claims instead.  Thanks to … Continue reading →

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Amicus brief in TVEyes fair use case

Posted on June 18, 2015 by rtushnet

Chris Sprigman and I have written an amicus brief on behalf of certain IP professors in the Fox v. TVEyes case, in which the court is now considering several features of the TVEyes service as to which it reserved judgment … Continue reading →

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False patent marking not actionable under Lanham Act

Posted on June 17, 2015 by rtushnet

Leisure Concepts, Inc. v. California Home Spas, Inc., 2015 WL 3658190, No. 14–CV–388 (E.D. Wash. June 12, 2015)   Leisure and CHS compete in spa products, including spa cover lifters.  Leisure’s CoverMate I is protected by a patent, which it … Continue reading →

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Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

Posted on June 16, 2015 by rtushnet

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015)   Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. ECRM is Market … Continue reading →

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Copyrighting appropriation art?

Posted on June 12, 2015 by rtushnet

The Jim Crow Museum of Racist Memorabilia has an interesting discussion on the copyrightability of segregation signs.    Q: Does anyone own copyrights to Jim Crow Era segregation signage, such as the famous “Whites Only” or “Colored Entrance” signs?   … Continue reading →

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Native American Arts lacks standing to sue under IACA

Posted on June 12, 2015 by rtushnet

Native American Arts, Inc. v. Peter Stone Co., 2015 WL 3561439, — F. Supp. 3d –, No. 08 C 3908 (N.D. Ill. June 9, 2015) (magistrate judge)   NAA sued Stone under the Indian Arts and Crafts Act (IACA), which … Continue reading →

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Court certifies class against JCPenney for allegedly false "sales"

Posted on June 12, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 3478038, No. CV 12–0215 (C.D. Cal. May 18, 2015)   Spann sued JCP, bringing the usual California claims, for allegedly “falsely advertising ‘original’ prices, ‘sale’ prices and corresponding price discounts for its private … Continue reading →

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