Category Archives: Uncategorized

EFF/OTW/library/etc. comments on Copyright Office proposal on DMCA registration renewals

Posted on June 24, 2016 by rtushnet

Read them here.  The Copyright Office has indicated, unwisely, an intent to make DMCA registrants re-register every three years, which will set up another hurdle for ISPs and encourage copyright trolls. from Blogger http://ift.tt/28T3w9h

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class action complaint survives GNC in 4th Cir. by pleading misleadingness

Posted on June 24, 2016 by rtushnet

Midwestern Midget Football Club Inc. v. Riddell, Inc., 2016 WL 3406129, No. 2:15-00244 (S.D. W. Va. Jun. 17, 2016) Midwestern is a nonprofit youth football organization, and Riddell makes helmets for football players.  Midwestern bought 12-24 Riddell Revolution Helmets per … Continue reading →

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Reading List: The Copyright Wars

Posted on June 23, 2016 by rtushnet

Peter Baldwin, The Copyright Wars: Three Centuries of Trans-Atlantic Battle (2014) Baldwin’s basic proposition is that there has been a long history of struggles between creators, distributors and the public, and a related struggle between the idea of Continental authors’ … Continue reading →

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Bank of No Confusion: BNC National Bank fails to enjoin Bank of North Carolina rebranding

Posted on June 21, 2016 by rtushnet

BNC Bancorp v. BNCCORP, Inc., 2016 WL 3365428, No. 15-cv-793 (M.D.N.C. Jun. 16, 2016) Bank of North Carolina sought a declaratory judgment against BNC National Bank to settle rights in the BNC mark, and BNC National Bank sought a preliminary … Continue reading →

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TM/design patent question of the day

Posted on June 21, 2016 by rtushnet

Consider the iPhoney: Does this infringe any rights Apple might have?  We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what … Continue reading →

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How it works: Understanding Copyright Law in the New Creative Economy

Posted on June 21, 2016 by rtushnet

Re:create Coalition’s How It Works: Understanding Copyright Law in the New Creative Economy Alex Feerst, Corporate Counsel, Medium: Medium strives to present a range of options for community-driven and commercial and in-between writing. Porous: some writers have found ways into … Continue reading →

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False endorsement claims based on resale fail

Posted on June 20, 2016 by rtushnet

Hart v. Amazon.com, Inc., 2016 WL 3360639, No. 15 C 01217 (N.D. Ill. Jun. 13, 2016) What is the difference between a plausible and implausible allegation of likely confusion over endorsement?  Beats me!  Here, Hart’s pro se complaint alleged that … Continue reading →

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Using generic art that may evoke plaintiff is fair

Posted on June 20, 2016 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc, 2016 WL 3282197, No. 11-5052 (D.S.D. Jun. 10, 2016) This case has occasionally shown up in my Westclip, but this time I’m writing about it because the court set forth … Continue reading →

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Certification nonprofit engaged in commercial speech when it badmouthed uncertified seller

Posted on June 20, 2016 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 2016 WL 3348431, No. 16-cv-592 (E.D. Va. Jun. 15, 2016)   Nice thorough opinion playing out the interaction between Lexmark and the definition of “commercial advertising or promotion.”  The USDA … Continue reading →

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Fellowship opportunity: Science, tech, and law

Posted on June 17, 2016 by rtushnet

For people with PhDs and an interest: the American Association for the Advancement of Science Science & Technology Policy Fellowships (STPF) is committed to actively recruiting competitive applicants to the Judicial Fellowship. An August 29 webinar will focus specifically on … Continue reading →

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