Category Archives: Uncategorized

WIPIP 2020, Santa Clara, day 2 panel 1

Posted on February 10, 2020 by rtushnet

Thanks to Eric Goldman and the rest of Santa Clara’s team for organizing a great WIPIP. I was only able to attend the second day, unfortunately. Copyright Christine Davik, Unregistered Complaints: Only US works (b/c of Berne) are required to … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

WIPIP 2020, Santa Clara, day 2 panel 1

Posted on February 10, 2020 by rtushnet

Thanks to Eric Goldman and the rest of Santa Clara’s team for organizing a great WIPIP. I was only able to attend the second day, unfortunately. Copyright Christine Davik, Unregistered Complaints: Only US works (b/c of Berne) are required to … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Feb. 11: The Controversial Sale of the .ORG Registry: PIJIP program

Posted on February 7, 2020 by rtushnet

Program at AU’s Program on Information Justice and Intellectual Property: Feb. 11, 2020. Register here. from Blogger https://ift.tt/2OyFMgK

Posted in Uncategorized | Tagged | Leave a comment

false claims of patent invalidity may be false advertising

Posted on February 4, 2020 by rtushnet

Willis Electric Co. v. Polygroup Macau Limited (BVI), 2020 WL 522441, No. 15-cv-3443 (WMW/KMM) (D. Minn. Feb. 3, 2020) The parties compete in the market for artificial Christmas trees. (The parties apparently say “holiday,” but come on.) Willis allegedly innovated … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Second Circuit summarily affirms fair use in “Jimmy Smith Rap” case

Posted on February 3, 2020 by rtushnet

Estate of Smith v. Graham, No. 19-28 (2d Cir. Feb. 3, 2020) The court of appeals affirmed the grant of summary judgment on a fair use defense (I filed an amicus brief on behalf of IP professors in support of … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Meat industry compares meat substitutes to dog food

Posted on January 30, 2020 by rtushnet

I’d be interested in the legal opinion clearing this full-page NYT ad: with a case out there saying that people expect dog food to be less appealing than human food, and other disparagement related precedents, this is an aggressive strategy.  … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

One may quote and quote and be a false advertiser: accurate quotation isn’t enough if the use is misleading

Posted on January 27, 2020 by rtushnet

CareDx, Inc. v. Natera, Inc., 2020 WL 401773, No. 19-662-CFC-CJB (D. Del. Jan. 24, 2020) Previous opinion by magistrate; the district court agrees that statutory Lanham Act standing exists when future harm is likely and that CareDx successfully pled falsity … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Judge Alsup seems to think cosmetic mask claims are false

Posted on January 24, 2020 by rtushnet

Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020) OK, he doesn’t say so outright, but wait for the bit about the in-court demonstration he expects. Defendants PTR Labs sell “specialty … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Call for Papers: Yale/Stanford/Harvard Junior Faculty Forum

Posted on January 20, 2020 by rtushnet

2020 Junior Faculty Forum Hosted by Stanford, Harvard, and Yale Law Schools Request for Submissions Stanford, Yale, and Harvard Law Schools announce the 21st session of the Junior Faculty Forum to be held at Stanford Law School on June 1-2, … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

post-complaint changes prevent finding of irreparable harm

Posted on January 15, 2020 by rtushnet

Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020) Following on its denial of a motion to dismiss, the court denied a motion for preliminary injunction in this false advertising case. Because the alleged … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment