Category Archives: Uncategorized

Annemarie Bridy takes on the Copyright Office’s overreach

Posted on August 4, 2016 by rtushnet

Here, on the set-top box FCC rulemaking. The Copyright Office wants people to believe that copyright is a general right to control commercial exploitation, and that if cable companies want to cut deals with content providers trading away customers’ fair … Continue reading →

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Can functionality become nonfunctionality with new data?

Posted on August 4, 2016 by rtushnet

C5 Medical Werks, LLC v. CeramTec GMBH, 2016 WL 4092955, No 14-cv-00643 (D. Colo. Jun. 10, 2016) C5 competes with CeramTec in the ceramic hip implant market. In 1998 CeramTec patented a ceramic composite used in hip implants, advertising that … Continue reading →

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Dirty Dancing remake: court grants reconsideration on dilution

Posted on August 3, 2016 by rtushnet

Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Aug. 1, 2016) Previous discussion and images from the campaign here.  Lions Gate claims common-law marks in DIRTY  DANCING and NOBODY PUTS BABY IN A CORNER, … Continue reading →

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Transformative use of the day?

Posted on August 3, 2016 by rtushnet

Is a caption contest for a photo a transformative use?  It does seem to rely heavily on the content of the photo! See https://twitter.com/TheSteveBurnio/status/760579894900293633/photo/1: The winner of the caption contest: Caption: “Donald Trump, center.” from Blogger http://ift.tt/2avMzoc

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Seen at the amusement park: TM question of the day

Posted on August 1, 2016 by rtushnet

“Straight Outta Here! Seniors” T-shirt in Straight Outta Compton style from Blogger http://ift.tt/2asqPd5

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ADR website was commercial speech for purposes of client’s false advertising lawsuit

Posted on July 29, 2016 by rtushnet

JAMS, Inc. v. Superior Court of San Diego County, No. D069862, — Cal. Rptr. 3d —-, 2016 WL 4014068 (Cal. Ct. App. Jul. 27, 2016) Kevin Kinsella sued JAMS, an ADR provider, and the Honorable Sheila Prell Sonenshine (Retired), alleging … Continue reading →

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Design Patent Damages event in DC, Aug. 2

Posted on July 29, 2016 by rtushnet

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

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Design Patent Damages event in DC, Aug. 2

Posted on July 29, 2016 by rtushnet

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

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Court of appeals says FU to state university’s TM claim

Posted on July 28, 2016 by rtushnet

Florida International University Board of Trustees v. Florida National University, Inc., 2016 WL 4010164, — F.3d —-, No. 15-11509 (11th Cir. Jul. 26, 2016) FIU sued FNU for changing its name from Florida National College to Florida National University; the … Continue reading →

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Incentivizing creativity through suffering?

Posted on July 26, 2016 by rtushnet

Ana Swanson at the Washington Post reports on a study that appears to connect unhappiness with greater creativity.  If we care about incentivizing creative output, should we therefore deliberately torment artists? Borowiecki’s analysis suggests that negative emotions are not just … Continue reading →

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