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

Lexmark post-argument panel at AU

Posted on November 27, 2013 by rtushnet

American University Washington College of Law  Program on Information Justice & Intellectual Property  Presents Supreme Court Series: Lexmark International, Inc. v.  Static Control Components, Inc. Tuesday, December 3, 2013 4:00pm – 5:30pm Reception to follow   Room 603 American University, … Continue reading →

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The work of art in an age of mechanical demolition?

Posted on November 27, 2013 by rtushnet

Cohen v. G&M Realty L.P., No. 13-cv-05612 (E.D.N.Y. Nov. 20, 2013) This VARA dispute makes some interesting moves on irreparable harm—it’s hard to see why courts are still stuck in “copyright/TM harm is irreparable” given what they’re doing elsewhere.   … Continue reading →

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Hey Jude, WTH? Competitor plaintiff fails despite falsity and presumed harm

Posted on November 26, 2013 by rtushnet

Berken v. Jude, No. 12–cv–02555, 2013 WL 6152347 (D. Colo. Nov. 22, 2013) Berken alleged that Jude and his law firm, Jude Law, LLC (really?), falsely advertised in violation of the Lanham Act and the Colorado Consumer Protection Act (CCPA).  … Continue reading →

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coincidental co-creation

Posted on November 25, 2013 by rtushnet

Author’s note from William Pene du Bois, The Twenty-One Balloons (1947): Just before publication of The Twenty-One Balloons, my publishers noted a strong resemblance between my book and a story by F. Scott Fitzgerald entitled “The Diamond as Big as … Continue reading →

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transformative work of the day

Posted on November 25, 2013 by rtushnet

I Ship It, by notliterally—a hilarious parody of Icona Pop’s song that is also a love letter to fandom. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reply brief in Lexmark v. Static Control

Posted on November 25, 2013 by rtushnet

Lexmark’s Reply Brief, to finish out the set.  Obviously I disagree, but I’ll limit myself here to one argument I think is disingenuous to the point of misleadingness: the equation of antitrust treble damages and fees, which are mandatory and … Continue reading →

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Retailer’s California claims against supplier proceed

Posted on November 22, 2013 by rtushnet

TRC & Associates v. NuScience Corp., 2013 WL 6073004, No. 2:13–cv–6903 (C.D. Cal. Nov. 18, 2013) TRC, a supplement retailer, sued NuScience and Lumina based on their sales to TRC of a dietary supplement, Cellfood.  TRC alleged that defendants misrepresented … Continue reading →

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

Copyright talking points and the TPP

Posted on November 20, 2013 by rtushnet

Mike Masnick has the story–which also qualifies for “transformative use of the day,” since it involves reproducing the talking points (likely an unpublished work no less!) in full in order to rebut them.  I particularly like his deconstruction of “nothing … Continue reading →

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Name your own price, then pay more: Court upholds Priceline’s model

Posted on November 19, 2013 by rtushnet

Freeman v. Priceline.com, Inc., 2013 WL 5946069, B242653 (Cal. Ct. App. Nov. 7, 2013) The court of appeals upheld a ruling getting Priceline off the hook for promising one price and delivering another, because the terms and conditions said that … Continue reading →

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I’m at io9

Posted on November 19, 2013 by rtushnet

I did Ask a Law Professor Your Questions about Fan Fiction and Mash-ups at io9 yesterday. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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