Category Archives: Uncategorized

Not with a bang but with a fastener

Posted on March 15, 2017 by rtushnet

B&B Hardware, Inc. v. Hargis Indus., Inc., — F. Supp. 3d —-, 2017 WL 957548 (E.D. Ark. Feb. 16, 2016) I mentioned this development a while back, but it’s now getting into the federal reporter, which is good so that … Continue reading →

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Seen around town

Posted on March 13, 2017 by rtushnet

Sufficient alteration + disclaimer to avoid trouble for this former BP franchisee? “This is not BP Gas,” above covered-over BP star Krackjack biscuits–any trouble from Cracker Jack if you import these from India?  Does it matter that other versions of the … Continue reading →

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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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