Category Archives: Uncategorized

“Kids” in product name represents that product is safe for children to use

Mirza v. Ignite USA, LLC, 2020 WL 704791, No. 19 C 5836 (N.D. Ill. Feb. 12, 2020) Ignite sells reusable beverage containers, coffee mugs, water bottles, and kids’ cups under the Contigo brand name. Plaintiffs bought Contigo Kids Cleanable Water … Continue reading

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false advertising as compulsory counterclaim

Creative Impact Inc. v. MGA Entertainment, Inc., 2019 WL 7906430, No. CV 19-07009 AG (ASx) (C.D. Cal. Nov. 4, 2019) The parties compete in the toy business. Creative Impact makes 5 Surprise, while MGA makes a similar toy called L.O.L. … Continue reading

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when you buy a business whose mark is the owner’s photo, make sure you get all the rights

Minott v. Wichita Water Conditioning, Inc., No. 18-cv-01656-MSK-SKC, 2020 WL 616359 (D. Colo. Feb. 7, 2020) Minott used to own Fluid, which operated a water conditioning business under the trade name Chuck, The Water Man. Fluid made extensive use of … Continue reading

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DMCA at 22: my notes from the Senate hearing

Senate Judiciary Committee, Intellectual Property Subcommittee, The Digital Millennium Copyright Act at 22: What is it, why was it enacted, and where are we now (archived video; apparently you have to wait 13 minutes before the hearing actually starts, though) … Continue reading

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False advertising of flanges leads to rare recall and some disgorgement

Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020) Followup on the multimillion-dollar verdict in this false advertising case. A jury found that defendants falsely advertised their carbon steel flanges as … Continue reading

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WIPIP 2020, Day 2 panel 4

Panel 4: Copyright Stephanie Bair, Copyright’s Hidden Costs We’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being … Continue reading

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WIPIP 2020, Day 2 panel 3

Panel 3: Copyright Sarah Polcz, Loyalties v. Royalties: Relational Roots in Joint Authorship Relative reward (a pun!) and joint authorship. Our satisfaction for compensation is not just about absolutes, but about how fair the share is compared to the share … Continue reading

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