Category Archives: Uncategorized

Failing to disclose refund policy does not make price claims literally false

Posted on December 2, 2016 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., — Fed.Appx. —-, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4th Cir. Dec. 1, 2016) Lower court opinion discussed here.  The court of appeals affirmed the district court’s rejection of the parties’ … Continue reading →

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Saving people, suing things: TM lawsuit over -hunter suffix continues

Posted on December 2, 2016 by rtushnet

Kenyon v. Clare, No. 16-cv-00191, 2016 WL 6995661 (M.D. Tenn. Nov. 29, 2016) Sherrilyn Kenyon sued Cassandra Clare alleging trademark/copyright violations arising from Clare’s books, the “Shadowhunter Series”; this opinion addresses only trademark claims, where a motion to dismiss proves … Continue reading →

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Ugly facts doom “Life is Beautiful” infringement claim: fraud on the PTO bars claim

Posted on December 2, 2016 by rtushnet

Amusement Art, LLC v. Life Is Beautiful, LLC, 2016 WL 6998566, No. 14-cv-08290 (C.D. Cal. Nov. 29, 2016) Defendant LIB hosts the Life is Beautiful festival in Las Vegas. In developing the festival’s style, founder Rehan Choudhry collected digital images … Continue reading →

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Copyright Office removes insult, adds new one with DMCA agent re-registration process

Posted on December 1, 2016 by rtushnet

Apparently one no longer has to provide a fax number to have a complete agent designation, which is good news.  (Welcome to the 21st century!)  But take a look at this password requirement: I’m sorry, CO, but you are not … Continue reading →

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Posted on November 30, 2016 by rtushnet

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading →

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Posted on November 30, 2016 by rtushnet

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading →

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Reading List: Legal Amateurism

Posted on November 29, 2016 by rtushnet

Legal Amateurism, Annelise Riles  Abstract:  Academics in the humanities and social sciences have often remarked upon the “amateuristic” quality of the analytical tools used by legal scholars. Rather than dismiss this quality out of hand, this paper approaches “legal amateurism” … Continue reading →

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ABA Blawg 100/Hall of Fame

Posted on November 29, 2016 by rtushnet

I’ve made the ABA Blawg Hall of Fame, as well as the Blawg 100, which is very nice.  I believe it’s in part a reward for persistence, as I’ve been at this since 2003 (though I only got serious in … Continue reading →

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TM question of the day, high heel edition

Posted on November 28, 2016 by rtushnet

We know that Louboutin’s red sole mark is only valid as applied to shoes with contrasting uppers.  So, do these shoes infringe?  (In case it’s hard to tell, I’d describe the sole color as a fairly bright pink.)  Do they … Continue reading →

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Breakfast break: energy claims not misleading by US standards

Posted on November 28, 2016 by rtushnet

Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”:  ​ The … Continue reading →

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