Category Archives: Uncategorized

Initial comments on 1201: fixing what’s broken

Posted on March 7, 2016 by rtushnet

I’ve been reading through the initial comments on 1201 for the Copyright Office’s inquiry.  One overarching thought: current “winners”—successful exemption proponents—unanimously say the current process is broken.  Current losers—unsuccessful exemption opponents—occasionally express openness to minor tweaks, such as a meaningless … Continue reading →

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Copyright Office notice of inquiry on 1201

Posted on March 4, 2016 by rtushnet

Comments I’ve seen so far: Organization for Transformative Works comment (of which I am very proud!) Public Knowledge New America’s Open Technology Institute New Media Rights Joint Libertarian Comments (R Street, FreedomWorks, and Niskanen Institute) International Documentary Association Consumers Union … Continue reading →

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Anonymous defamatory posts are “advertising or promotion” under Lanham Act

Posted on March 4, 2016 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2016 WL 815205, No. 8-cv-0442 (S.D.N.Y. Feb. 29, 2016)   R&J sued Assara and a number of related people eight years ago.  The parties compete to offer laser hair … Continue reading →

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Land o’ (non)confusion: no dilution or reverse confusion with dissimilar goods

Posted on March 4, 2016 by rtushnet

Hugunin v. Land O’ Lakes, Inc., No. 15-2815 (7th Cir. Mar. 1, 2016)   This opinion reflects what you might call Judge Posner’s trademark mix of good sense and arrogance/lack of reasons enabling one to formulate an actual rule for … Continue reading →

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Trademark defendant wins rare unclean hands defense to injunction

Posted on March 3, 2016 by rtushnet

Cochran Firm, P.C. v. Cochran Firm Los Angeles LLP, — Fed.Appx. —, 2016 WL 770129, No. 15–55816 (9th Cir. Feb. 29, 2016)   A rare unclean hands win for a trademark defendant!  The Cochran Firm appealed the district court’s order … Continue reading →

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Fraud claim by NY AG against Donald Trump revived on appeal

Posted on March 2, 2016 by rtushnet

People ex rel. Schneiderman v. Trump Entrepreneur Initiative LLC, — N.Y.S.3d —-, 2016 WL 783216, 2016 N.Y. Slip Op. 01430 (Sup. Ct. Mar. 1, 2016)   Snarky political note: It doesn’t appear that Trump could object to this ruling on … Continue reading →

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Hidden connections between doctors and the drugs they promote

Posted on March 2, 2016 by rtushnet

The violations of the FTC Endorsement Guidelines seem very clear in the stories recounted by this Boston Globe investigation.  H/T ST. from Blogger http://ift.tt/1UyHnQD

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Transformative work of the day, Chris Christie edition

Posted on March 2, 2016 by rtushnet

How many references can you spot in this Washington Post column?  Until I got to the last line of the column, I had a different title for this post, but Alexandra Petri got there before me. from Blogger http://ift.tt/1UyHnjA

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Open access-related jobs at Yale

Posted on March 1, 2016 by rtushnet

Via Amy Kapcyzinski: We are starting a new initiative here at Yale to do legal work and research to help improve access to clinical trial data.   We need to hire a stellar young attorney (ideally with at least 5 years … Continue reading →

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On the importance of knowing your genre

Posted on February 29, 2016 by rtushnet

I haven’t written about the Sherrilyn Kenyon v. Cassandra Clare lawsuit over Darkhunters v. Shadowhunters, though I did read the complaint.  I didn’t find the copyright claims to make it past assertions of similarity in ideas, though trademark is often … Continue reading →

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