Category Archives: Uncategorized

Show me your teeth: dentist’s before-and-after closeups aren’t copyrightable for want of originality

Posted on February 21, 2019 by rtushnet

Pohl v. MH Sub I, LLC, No. 4:17cv181-MW/CAS (N.D. Fla. Jun. 20, 2018) H/T Daniel Kegan. Dr. Pohl took before-and-after photographs of his cosmetic dental work for his Florida cosmetic dentistry practice’s website. He took such photos of “Belinda” in … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Competitor can’t stop allegedly false promotion of unapproved substances bearing CYA “not for human use” warnings

Posted on February 20, 2019 by rtushnet

Nutrition Distribution LLC v. Pep Research, LLC, 2019 WL 652391, No. 16cv2328-WQH-BLM (S.D. Cal. Feb. 15, 2019) Nutrition Distribution sued Pep for false advertising under the Lanham Act, alleging that its competitor, a supplement company, falsely advertised certain prescription-only drugs … Continue reading →

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ICANN and the New Top-Level Domains: Feb. 25 conference at AU-WCL

Posted on February 19, 2019 by rtushnet

ICANN and the New Top-Level Domains American University Washington College of Law, Room NT01 Monday, February 25, 2019 1:30-5:30pm We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains … Continue reading →

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No Lanham Act liability for failure to correct another’s misstatement

Posted on February 15, 2019 by rtushnet

GeoMetWatch Corp. v. Hall, No. 1:14-cv-60, 2019 WL 578917 (D. Utah Feb. 12, 2019) Business dispute; of interest here, GeoMet asserted false advertising against defendant AWSF because of two statements about Tempus, with which it was working.  However, both statements … Continue reading →

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Eyelash wars: court tosses counterfeiting claim, allows (c) claim to continue

Posted on February 15, 2019 by rtushnet

Boost Beauty, LLC v. Woo Signatures, LLC, 2019 WL 560277, No. 2:18-cv-02960-CAS(Ex) (C.D. Cal. Feb. 11, 2019) Mark Lemley says that many businesses think the term “unfair competition” is redundant; many trademark plaintiffs likewise think that “infringement” means “counterfeiting.” Here, … Continue reading →

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TM Reading list: Legal Realism: Unfinished Business by Ramsi A. Woodcock

Posted on February 15, 2019 by rtushnet

Short and punchy: For the realist, legal reasoning lacks the determinacy of mathematics because, looked at from the right angle, anything can be analogized to anything else. Trademarks are like easements in that they are both contingent on ownership of … Continue reading →

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Influencer’s laundry list complaint against PopSugar survives motion to dismiss

Posted on February 13, 2019 by rtushnet

Batra v. Popsugar, Inc., 2019 WL 482492, No. 18-cv-03752-HSG (N.D. Cal. Feb. 7, 2018) Batra sued Popsugar for removing the CMI of her photograph, infringing her copyright, violating her right of publicity, intentionally interfering with her contracts, engaging in false … Continue reading →

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False advertising claim based on patent threats fails to overcome high hurdles for such a claim

Posted on February 13, 2019 by rtushnet

Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, 2019 WL 498303, No. 18 Civ. 04208 (ER) (S.D.N.Y. Feb. 8, 2019) Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for falsely claiming that … Continue reading →

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