Category Archives: Uncategorized

Copyright Office NPRM indicaties desire to strip sites of 512(c) protection

Posted on May 25, 2016 by rtushnet

Eric Goldman explains here.  We already could tell that the Office was interested in shrinking the safe harbors; apparently the Office wants to do that in part by purging the list of registered DMCA agents every three years.  As someone … Continue reading →

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Law firm advises: protect your brand via (c)

Posted on May 25, 2016 by rtushnet

The advice from Drinker Biddle includes using the DMCA to get uses of your TM taken down, which is pretty much exactly the definition of one significant category of DMCA abuses. from Blogger http://ift.tt/25lpNa1

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EFF/Copyright professors’ comment on FCC’s proposed set-top box rule

Posted on May 24, 2016 by rtushnet

Content companies have opposed the FCC’s proposed set-top box rule on the grounds that it would allow copyright infringement because people who’d paid for cable would be watching it without additional payments from the set-top box providers.  As you can … Continue reading →

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Starting a wooden puzzle blog

Posted on May 24, 2016 by rtushnet

This is an experiment for me to share my adventures in wooden jigsaw puzzles.  Today’s review is an Artifact puzzle, Matte Stephens, Manhattan (380 pieces). This is an atypical Artifact–many pieces joined very tightly, rather than loosely, and some even … Continue reading →

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Dilution question of the day, handbag edition

Posted on May 24, 2016 by rtushnet

Betsey Pop Betsey Johnson Kitsch “soda” handbag So, what’s the dilution verdict? from Blogger http://ift.tt/1qGMjqF

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Another trademark claim asserted for political purposes

Posted on May 24, 2016 by rtushnet

Paul Alan Levy responds to a C&D against a candidate for local government who is being threatened with claims of trademark infringement for using the city’s logo on his campaign materials.  As always, it’s a refreshing read. Of particular note, … Continue reading →

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Who’s responsible for Amazon product detail pages for TM and (c) purposes?

Posted on May 23, 2016 by rtushnet

Oriental Trading Company, Inc. v. Yagoozon, Inc., 2016 WL 2859603, No. 13CV351 (D. Neb. May 16, 2016)   This is a pretty interesting dispute because it suggests that Amazon’s business practices may be exposing certain entities who sell through Amazon … Continue reading →

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Second Circuit muddies nominative fair use more than 9th Circuit ever has

Posted on May 23, 2016 by rtushnet

International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, No. 14-3456-cv (2d Cir. May 18, 2016)   The Second Circuit manages to make its multifactor confusion test worse (and you thought it had already hit rock bottom by … Continue reading →

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Consultant’s speech to potential customers wasn’t pure scientific speech protected by First Amendment

Posted on May 23, 2016 by rtushnet

Underground Solutions, Inc. v. Palermo, 2016 WL 2866099, No. 13 C 8407 (N.D. Ill. May 17, 2016)   Related decisions discussed from 2012, 2014, and 2015.  Plaintiff UGSI sued Palermo for trade libel and false advertising under California and federal … Continue reading →

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Court upholds SF’s required warning on sugar-sweetened beverage ads, including pure logos

Posted on May 23, 2016 by rtushnet

American Beverage Association v. City & County of San Francisco, No. 15-cv-03415 (N.D. Cal. May 17, 2016)   The court denied plaintiffs’ attempt to enjoin a sugar-sweetened beverage warning imposed on certain soda ads by San Francisco.  The warning is: … Continue reading →

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