Category Archives: Uncategorized

A transformative purpose fair use finding

Posted on October 20, 2016 by rtushnet

Wong v. Village Green Owners Association, No. CV 14-03803, 2015 WL 12672092 (C.D. Cal. Mar. 20, 2015) This transformative fair use case just showed up in my Westclip search.  Wong, who owned a unit in Village Green, prepared a National … Continue reading →

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Package size can be false advertising

Posted on October 20, 2016 by rtushnet

In Re: Mccormick & Company, Inc., Pepper Products Marketing & Sales Practices Litigation, 2016 WL 6078250, No. 15-cv-2188 (D.D.C. Oct. 17, 2016) Watkins, which produces black pepper, alleges that its largest competitor, defendant McCormick (which has 70% of domestic black … Continue reading →

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Transformative work of the day, Dilbert edition

Posted on October 20, 2016 by rtushnet

Dilbert is mine now: art, appropriation, and politics. from Blogger http://ift.tt/2dpVhat

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Carl Oppedahl on ITUs and specimens of use

Posted on October 19, 2016 by rtushnet

Good practical advice showing the function of an ITU in stabilizing priority. from Blogger http://ift.tt/2dn9a9u

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Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims

Posted on October 18, 2016 by rtushnet

Spy Phone Labs LLC. v. Google Inc., No. 15-cv-03756, 2016 WL 6025469 (N.D. Cal. Oct. 14, 2016) The plaintiff here, an app maker with a registered mark for Spy Phone for a monitoring app, squeaks past dismissal of its trademark … Continue reading →

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Copyright nerd question of the day

Posted on October 18, 2016 by rtushnet

Lin-Manuel Miranda and Renee Elise Goldsberry perform a revised version of Ten Duel Commandments about Hillary Clinton.  Miranda licensed Ten Crack Commandments–does the license cover this/is it fair use?  What language would you require for a license? from Blogger http://ift.tt/2eiHkfz

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Initial interest confusion rides again: law school ordered to re-change name

Posted on October 17, 2016 by rtushnet

Board of Regents of the Univ. of Houston Sys. v. Houston College of Law, Inc., No. 16-CV-1839 (S.D. Tex. Oct. 14, 2016) UH sought and received a preliminary injunction to prevent the former South Texas College of Law from using … Continue reading →

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Initial interest false advertising (aka bait and switch) in Google ads

Posted on October 17, 2016 by rtushnet

Beacon Plumbing & Mechanical Inc. v. Sposari Inc., 2016 WL 5795282, No. C15-1613 (W.D. Wash. Mar. 17, 2016) Beacon sued defendants, including Sposari, which does buisiness as Mr. Rooter Plumbing Services, for trademark infringement and dilution (federal claim dismissed) and … Continue reading →

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Don’t sell a business and then keep running it

Posted on October 17, 2016 by rtushnet

Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading →

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GW Design Law: Ecommerce remedies

Posted on October 14, 2016 by rtushnet

AFTERNOON SESSION 1: Design Patents & Ecommerce Moderator: Judy Yee, Microsoft Howard Hogan, Gibson, Dunn & Crutcher: Counterfeiting is a growing problem, but sometimes they don’t use a copyrighted work of authorship but are still selling a knockoff of a … Continue reading →

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