Category Archives: Uncategorized

Feud lawsuit foiled, but questions about transformativeness remain

Posted on March 27, 2018 by rtushnet

De Havilland v. FX Networks, LLC, No. B285629 (Cal. Ct. App. Mar. 26, 2018) Reversing the trial court’s refusal to dismiss Olivia de Havilland’s right of publicity and false light claims against FX’s show Feud, the California court of appeals … Continue reading →

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Crackers don’t matter? Goldfish v. whale

Posted on March 26, 2018 by rtushnet

I bought these for a party and had a student indicate that she experienced initial misrecognition in the bowl (hard to say “interest” because she wasn’t the purchaser).  Would any orange cracker that isn’t square risk confusion with Goldfish crackers?  … Continue reading →

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Transformative work of the day, admissions edition

Posted on March 26, 2018 by rtushnet

An eagle-eyed (no pun intended) student spotted this admissions video from Boston College with a distinctly Harry Potter flavor.  Or maybe that ought to be Hermione Granger. from Blogger https://ift.tt/2I5haqk

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Reading list: consumer search parsimony

Posted on March 26, 2018 by rtushnet

Jia Liu & Olivier Toubia, Search Query Formation by Strategic Consumers More evidence, if more were needed, in the keyword wars: given that consumers prefer shorter queries, and that they may assume that some attributes need more search than others, … Continue reading →

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Reminder that materiality is a matter of likely effect, not certainty

Posted on March 23, 2018 by rtushnet

E-Imagedata Corp. v. Digital Check Corp., No. 15-CV-658, 2018 WL 1411226 (E.D. Wis. Mar. 21, 2018) The parties compete in the market for hardware/software systems used to view microform on a screen and convert it into digital files. [Microform!  Good … Continue reading →

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Truthful identification of performance defeats Illinois publicity claim

Posted on March 19, 2018 by rtushnet

Martin v. Wendy’s Int’l, Inc., — Fed.Appx. —-, 2018 WL 1225470, No. 17-2043 (7th Cir. Mar. 9, 2018) “Guinness World Records lists Johannes “Ted” Martin as the record holder for consecutive kicks of a footbag.” He sued Wendy’s International and … Continue reading →

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Sock puppet reviews aren’t literally false absent additional non-identity literal falsity, court rules

Posted on March 19, 2018 by rtushnet

Nunes v. Rushton, No. 2:14-cv-00627, — F.Supp.3d —-, 2018 WL 1271446 (D. Utah Mar. 9. 2018) Every time I think I’ve seen it all, I’m reminded that humans are not only stranger than we imagine, they are stranger than we … Continue reading →

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Pop goes the kitty? registration and infringement are separate inquiries, court points out

Posted on March 13, 2018 by rtushnet

SportPet Designs Inc. v. Cat1st Corp., No. 17-CV-0554 (E.D. Wis. Mar. 2, 2018) SportPet sued Cat1st for patent, trademark, and copyright infringement and violations of Wisconsin’s Deceptive Trade Practices Act based on its sale of pet products such as play … Continue reading →

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Use of photo beyond license window doesn’t create false endorsement claim

Posted on March 13, 2018 by rtushnet

Bovinett v. HomeAdvisor, Inc., No. 17 C 6229, 2018 WL 1234963 (N.D. Ill. Mar. 9, 2018) Bovinett, a model and actor, participated in a photoshoot for HomeAdvisor. Bovinett’s agent was allegedly assured that the photos would be used in static … Continue reading →

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Redbox’s claims miss release window for injunctive relief

Posted on March 13, 2018 by rtushnet

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 1240345, No.17 C 5596 (N.D. Ill. Mar. 9, 2018) The parties compete in the market for DVD rental services through automated vending machines called kiosks. “In early 2016, Redbox learned … Continue reading →

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