Category Archives: Uncategorized

Is the “Uber for X” snowclone nominative fair use?

Posted on May 18, 2016 by rtushnet

That’s the question posed by the following ad (HT Zach Schrag): “Turo is like Airbnb, but for real people’s cars” — USA Today, quoted in ad for Turo This snowclone is common in (often mocking) descriptions of Silicon Valley elevator … Continue reading →

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Challenging competitor’s TM as generic is protected by Mass. anti-SLAPP law

Posted on May 17, 2016 by rtushnet

Shire City Herbals, Inc. v. Blue, 2016 WL 2757366 (D. Mass. May 12, 2016)   HT Eric Goldman.  Shire City sued Mary Blue and two other people for trademark infringement and false advertising-related claims based on their attacks on Shire … Continue reading →

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Documentary on transformative works in France

Posted on May 16, 2016 by rtushnet

French transformative fandom and its perilous legal status: Emmanuelle Debats talks about her documentaries about French fandom.  Excerpts:   My first reaction to fanfiction was surprise and shock. I mean I had the basic French reaction: “How can someone write … Continue reading →

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The OTW is recruiting legal team volunteers!

Posted on May 13, 2016 by rtushnet

If you’re interested in supporting transformative works, and especially if you can help with the basics of running a nonprofit (no IP expertise required), please consider volunteering! from Blogger http://ift.tt/1rJLazR

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Entitlement to disgorgement doesn’t create Lanham Act standing

Posted on May 12, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking.  He couldn’t show that the falsity was proximately connected to … Continue reading →

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Double play: Tyson defeats TM and false advertising claims

Posted on May 12, 2016 by rtushnet

Parks, LLC v. Tyson Foods, Inc., No. 15-cv-00946 (E.D. Pa. May 10, 2016)   This case involves a trademark and false advertising dispute. Previous ruling denying an injunction. Parks claimed to own “Parks” for sausages and other foods. Tyson owns … Continue reading →

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Reading list: Choreographing Copyright

Posted on May 11, 2016 by rtushnet

Anthea Kraut, Choreographing Copyright: Race, Gender, and Intellectual Property Rights in American Dance: Fascinating study of the complexities of claiming rights in a world in which asserting property rights is a measure of one’s humanity—and in which white women have … Continue reading →

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There’s no cushioning this blow: Comparative advertising is copyright fair use

Posted on May 11, 2016 by rtushnet

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014)   This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent … Continue reading →

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Incarnadine: Pom’s FTCA violation could’ve given it unclean hands against Coca-Cola

Posted on May 6, 2016 by rtushnet

POM Wonderful LLC v. Coca Cola Co., No. CV 08-06237, 2016 WL 2587994 (C.D. Cal. Feb. 19, 2016)   After a trip to the Supreme Court, Pom’s false advertising case against Coca-Cola ended with a verdict in favor of Coca-Cola; … Continue reading →

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In which I sue Amazon again

Posted on May 5, 2016 by rtushnet

In FTC v. Amazon, the initial opinion was heavily, albeit badly, redacted.  With the able assistance of Paul Alan Levy from Public Citizen, MediaPost and I have moved to unseal the opinion and the documents on which it’s based, on … Continue reading →

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