Category Archives: Uncategorized

How does race affect copyrightable expression?

Posted on September 21, 2016 by rtushnet

Fulks v. Knowles-Carter, No. 16-Civ-4278 (S.D.N.Y. Sept. 12, 2016), contains an interesting bit about race and copyrightable expression: [P]laintiff argues that the “race of the characters in the [Film] is irrelevant to the total concept and feel of a film … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Packaging trade dress needs specific design, not just color, to be inherently distinctive

Posted on September 20, 2016 by rtushnet

Forney Industries, Inc. v. Daco of Missouri, Inc., — F.3d —-, 2016 WL 4501941 (10th Cir.. Aug. 29, 2016) Forney makes retail metalworking parts and accessories and claimed a protected trade dress in the coloration of its packaging, described as: … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Using photos of competitor’s product confers statutory Lanham Act standing on competitor

Posted on September 20, 2016 by rtushnet

Joseph Paul Corp. v. Trademark Custom Homes, Inc., 2016 WL 4944370, No. 3:16-CV-1651 (N.D. Tex. Sept. 16, 2016) JP Homes sued Trademark, its principal, and homeowners for alleged violations of the Lanham Act and copyright infringement.  JP Homes alleged that … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Celebrity spokesperson isn’t directly liable under California consumer protection law

Posted on September 19, 2016 by rtushnet

Luman v. Theismann, 647 Fed.Appx. 804 (9th Cir. 2016) Plaintiffs sued NAC Marketing Company and Joe Theismann for their advertising statements about NAC’s Super Beta Prostate product, bringing warranty claims as well as the usual California statutory claims.  Because one … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

No duty to disclose child labor production in California, court rules

Posted on September 19, 2016 by rtushnet

Hodsdon v. Mars, Inc., 162 F.Supp.3d 1016  (N.D. Cal. 2016) Mars sells chocolate, some of which comes from cocoa beans from Côte d’Ivoire, where trafficked children and forced laborers “wield dangerous tools, transport heavy loads, and face exposure to toxic … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

New review in Jotwell: Nestor M. Davidson & John J. Infranca, The Sharing Economy as an Urban Phenomenon

Posted on September 13, 2016 by rtushnet

New App City–read it at Jotwell. from Blogger http://ift.tt/2ct1Cgi

Posted in Uncategorized | Tagged , , | Leave a comment

Taking advantage of known consumer ignorance is deliberately false, 2d Circuit rules

Posted on September 12, 2016 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 15-2411, 2016 WL 4708179, — F.3d. – (2d Cir. Sept. 9, 2016) Judge Leval deems this “an exceptionally well argued case,” noting the same thing I did: Paul Clement … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Plumb disappointing: 9th Circuit reinstates 2D-to-3D copyright claim

Posted on September 12, 2016 by rtushnet

Direct Technologies, LLC v. Electronic Arts, Inc., Nos. 14-56266/14-56745 (9th Cir. Sept. 6, 2016) Electronic Arts makes the game The Sims, and contracted with a production company, Lithomania, to produce a USB flash drive shaped like a “PlumbBob,” a gem-shaped … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Another court finds that injury from fake “sale” prices is redressable

Posted on September 12, 2016 by rtushnet

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Stanford Sociology and Psychology of IP

Posted on September 10, 2016 by rtushnet

Session 5: Fairness, efficiency, and distributive justice Discussion leaders: Stephanie Bair: Concepts of ownership/justice in ownership may be universals—studies of children across cultures.  Purpose of IP as understood to be to prevent plagiarism—asking for permission is sufficient, though, in many … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment