Category Archives: Uncategorized

How green was my tractor accessory? John Deere defeats aesthetic functionality defense for color scheme

Posted on March 13, 2017 by rtushnet

Deere & Co. v. FIMCO Inc., No. 15-CV-105 (W.D. Ky. Mar. 8, 2017)       Deere sued FIMCO for infringing on Deere’s green and yellow color scheme on agricultural equipment.  Deere has three green and yellow registrations: (1) the ‘103 Registration is … Continue reading →

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Conference announcement from the ABA

Posted on March 13, 2017 by rtushnet

ABA’s 32nd Annual Intellectual Property Law Conference April 4-6, 2017 Crystal Gateway Marriott, Arlington, VA Learn more here. from Blogger http://ift.tt/2mDhGUT

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GW/Harvard conference: licensing and exhaustion

Posted on March 10, 2017 by rtushnet

Licensing and Exhaustion Moderator:  Prof. Robert Brauneis, George Washington University Law School Eric M. Reifschneider, The Marconi Group: There are deals that have died just b/c of exhaustion uncertainty.  What triggers exhaustion?  At one time, many practitioners thought that a … Continue reading →

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GW/Harvard conference: Infringement and Defenses

Posted on March 10, 2017 by rtushnet

Infringement and Defenses Moderator: Prof. Michael B. Abramowicz, George Washington University Law School William F. Lee, WilmerHale LLP: Literal infringement/each and every element of the claim—useful for laypeople to think about the claim. In many jurisdictions (Germany, Netherlands, Japan) around … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Unrelated cy pres recipient and disfavored coupon offer doom settlement approval

Posted on March 9, 2017 by rtushnet

Hofmann v. Dutch LLC, No. 14-cv-02418, 2017 WL 840646 (S.D. Cal. Mar. 2, 2017) The court rejected plaintiff’s unopposed third motion for preliminary approval of the proposed class settlement in this case involving allegedly false “Made in the USA” claims … Continue reading →

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“imported” Sapporo isn’t confusing as a matter of law given clear disclosure of Canadian origin

Posted on March 9, 2017 by rtushnet

Bowring v. Sapporo U.S.A., Inc., 2017 WL 902151, — F.Supp.3d —-, No. 16-CV-1858 (E.D.N.Y. Feb. 10, 2017) Bowring sued Sapporo under the GBL and similar state law claims, alleging that it created a misleading impression that Sapporo beer is a … Continue reading →

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Court trebles damage award based on willful false advertising, over advisory jury verdict

Posted on March 9, 2017 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, No. 3:14CV00016, 2017 WL 837688 (W.D. Va. Mar. 2, 2017) A jury found that Method engaged in false advertising; that Concordia was entitled to $733,200.00 in actual or compensatory damages; and that the … Continue reading →

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“same quality as Made in USA” is not puffery, says magistrate

Posted on March 9, 2017 by rtushnet

University Loft Co. v. Blue Furniture Solutions, LLC, 2017 WL 876312, NO. A–15–CV–826 (W.D. Tex. Mar. 3, 2017) (report and recommendation of magistrate judge) University sued Blue alleging false advertising and trademark infringement under the Lanham Act, unfair competition under … Continue reading →

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