Category Archives: Uncategorized

blog posts on company’s site are “commercial advertising or promotion” under Lanham Act

Posted on May 17, 2019 by rtushnet

Luminati Networks Ltd. v. BIScience Inc., 2019 WL 2084426, No. 18-CV-00483-JRG (E.D. Tex. May 13, 2019) Mostly a jurisdictional challenge; the court found it had specific personal jurisdiction over Luminati’s claims for patent infringement and false advertising and supplemental jurisdiction … Continue reading →

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law firm alleging clients lost to competitor satisfies Lexmark, in part

Posted on May 14, 2019 by rtushnet

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019) Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.   It alleged … Continue reading →

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CopyrightX: Article 13

Posted on May 14, 2019 by rtushnet

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading →

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CopyrightX: UGC panel

Posted on May 14, 2019 by rtushnet

Panel One: User-generated Content, Digital Labor, and Collaborative Authorship Moderator: Bethany Rabe Rebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative Expression Title assigned a few months ago is a little misleading because I actually wanted to take the opportunity … Continue reading →

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CopyrightX summit: Keynote by Maria Strong

Posted on May 14, 2019 by rtushnet

CopyrightX summit Keynote: Maria Strong, Director of Policy & International Affairs, U.S. Copyright Office Update on elements of protection, exceptions/permissible uses.  Biggest news in 20 years: Music Moernization Act, including many recommendations from the CO.  Blanket license for digital music … Continue reading →

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She don’t lie, but the pharmaco might: cocaine false advertising case continues

Posted on May 8, 2019 by rtushnet

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019) Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related … Continue reading →

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Patent grants and gender bias

Posted on May 8, 2019 by rtushnet

Spotted via Colleen Chien, on patents and gender bias: The researchers found that women inventors with common names had an 8.2% lower chance of getting their patents approved. But the difference in probability of approval fell to 2.8% for those … Continue reading →

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Journal article merited better disclosure of affiliation w/competing group, not a lawsuit

Posted on May 8, 2019 by rtushnet

Board of Forensic Document Examiners, Inc. v. American Bar Ass’n, — F.3d —-, 2019 WL 1930310, No. 18-2653 (7th Cir. May 1, 2019) The Board of Forensic Document Examiners is a non-profit organization that certifies forensic document examiners (currently about … Continue reading →

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Copying before-and-after surgical photos can be false advertising despite Dastar

Posted on May 6, 2019 by rtushnet

Aesthetic Associates, Inc. v. Key West Institute for Plastic Surgery, Inc., No. 18-10059-CIV-MARTINEZ-OTAZO-REYES, 2019 WL 1922854 (S.D. Fla. Feb. 5, 2019) Plaintiff, whose principal is Dr. Portuese, sued defendants for copyright infringement, removal of CMI and false advertising in passing … Continue reading →

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court rejects contributory false advertising under Lanham Act

Posted on May 6, 2019 by rtushnet

Telebrands Corp. v. My Pillow, Inc., 2019 WL 1923410, No. 18-CV-06318 (N.D. Ill. Apr. 30, 2019) Telebrands sued My Pillow (maker of a “patented pillow product,” which I’m so tempted to call PPP) for breach of contract, breach of implied … Continue reading →

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