Category Archives: Uncategorized

6th Circuit rejects college players’ Lanham Act, ROP claims

Posted on August 17, 2016 by rtushnet

Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) Plaintiffs claimed that, as college football and basketball players, they had publicity rights in their names and images as used in TV broadcasts.  “Whether referees, assistant coaches, and perhaps even … Continue reading →

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ISP fails to dismiss (c) and CMI claims based on watermarked photo

Posted on August 17, 2016 by rtushnet

Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457, No. TDC-15-2400 (D. Md. Aug. 11, 2016) Goldstein is a professional photographer who registered a copyright in a 2007 photograph he took of the Silver Spring Metro Station, which appears … Continue reading →

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Amicus in LV v. My Other Bag

Posted on August 17, 2016 by rtushnet

Chris Sprigman and I organized a law professors’ brief supporting My Other Bag in LV’s appeal from the well-reasoned district court opinion.  Open call for anyone defending against a dilution claim: it’s time for the straight-up First Amendment challenge, and … Continue reading →

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Reading list: Rothman on (c)/right of publicity conflicts

Posted on August 16, 2016 by rtushnet

Jennifer Rothman, The Other Side of Garcia: The Right of Publicity and Copyright Preemption, Columbia Journal of Law & the Arts, Vol. 39, No. 3, 2016. Abstract: This essay is adapted from a talk that I gave on October 2, … Continue reading →

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CustomMade doesn’t know about USOC’s anti-free-speech stance

Posted on August 15, 2016 by rtushnet

Or has taken Nick Fury’s excellent approach.  Consider this email below: pure truth, from all that appears.  Even assuming SFAA is still good law, shouldn’t the First Amendment protect this speech? From the Olympics to the jeweler’s bench: Nana Smith competed … Continue reading →

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Trump hotel fails in suit against unionizers

Posted on August 15, 2016 by rtushnet

Trump Ruffin Commercial, LLC v. Local Joint Executive Board Las Vegas, Culinary Workers Union Local 226, No. 15-cv-01984, 2016 WL 4208437 (D. Nev. Aug. 8, 2016) Plaintiff corporations own and operate Trump Hotel Las Vegas. Defendants are labor unions attempting … Continue reading →

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Burr Shot First

Posted on August 15, 2016 by rtushnet

Hamilton/Star Wars crossover: what IP rights, if any, are implicated?  Does it matter whether the ad copy mentions Hamilton? from Blogger http://ift.tt/2aXKG2x

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Cheerios Protein name might be more bluff than buff

Posted on August 15, 2016 by rtushnet

Coe v. General Mills, Inc., No. 15-cv-05112, 2016 WL 4208287 (N.D. Cal. Aug. 10, 2016) Plaintiffs alleged the name “Cheerios Protein” was misleading because it implied that the product is essentially the same as Cheerios, only with added protein. Cheerios … Continue reading →

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IPSC: Closing Plenary Session

Posted on August 13, 2016 by rtushnet

The Nature of Sequential Innovation Christopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing.  “Cinderella Man” is harder to develop than another movie about Rocky.  Risky, as is question about whether to develop another erectile … Continue reading →

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IPSC Breakout Session IV

Posted on August 12, 2016 by rtushnet

Empirical Copyright Copyright Misuse: A Taxonomy Ann Bartow Occasionally called copyright misuse; non-US countries call it something else, but trying to taxonomize a certain type of misbehavior.  Some of this is not currently called misuse: using © to try to … Continue reading →

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