Category Archives: Uncategorized

NYT throws hissy-fit, sues over use of thumbnails in critical book

Posted on January 25, 2016 by rtushnet

David Shields recently published War Is Beautiful: The New York Times Pictorial Guide to the Glamour of Armed Conflict.  The argument of the book is that the images chosen by the Times to decorate its front pages glamorize and glorify … Continue reading →

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My Other Bag seeks fees from TM bully LV

Posted on January 25, 2016 by rtushnet

Public Citizen supports My Other Bag in its motion for attorneys’ fees against fashionable trademark bully Louis Vuitton.  As usual, cogent and vigorous argument.  from Blogger http://ift.tt/1KzZRIE

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reverse passing off still actionable as false advertising, court reminds us

Posted on January 22, 2016 by rtushnet

OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 2016 WL 236231, No. CV-14-085 (E.D. Wash. Jan. 20, 2016) Interesting little case that doesn’t mention Dastar, but is a rare application of the Dastar principle that reverse passing off can … Continue reading →

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NY has jurisdiction over out-of-state processor for alleged magazine scammer

Posted on January 21, 2016 by rtushnet

People v. Orbital Pub’g Gp., Inc., 21 N.Y.S.3d 573 (Supreme Ct. 2015)   The AG alleged violations of NY state consumer protection law, including a law specific to magazine subscription sales, involved here.  Respondents send official-looking solicitations that allegedly misled … Continue reading →

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SanMedica v. Amazon: how many clickthroughs make likely confusion plausible?

Posted on January 21, 2016 by rtushnet

In SanMedica v. Amazon, the court initially found enough evidence of confusion from Amazon’s continued use of a trademark in keyword ads (after it had kicked the seller off its platform, but continued to offer competing brands) to deny summary … Continue reading →

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If the messiah tarries, how long until we find laches?

Posted on January 20, 2016 by rtushnet

Vaad L’Hafotzas Sichos, Inc. v. Kehot Publication Society, — F.Supp.3d —-, 2016 WL 183226, No. 10–CV–4976 (E.D.N.Y. Jan. 14, 2016)   Found this one in another search and was fascinated.  After the death of Rabbi Menachem Mendel Schneerson (the Rebbe), … Continue reading →

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Is a jigsaw puzzle a useful article?

Posted on January 20, 2016 by rtushnet

I am pondering this question as I contemplate writing my massive “why you should do wooden jigsaw puzzles” post, because of the exception for pictures of useful articles that incorporate expressive works.  If I want to show some representative pictures, … Continue reading →

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Uniqueness claim can be falsifiable

Posted on January 19, 2016 by rtushnet

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2016 WL 164364, No. 14 C 9754 (N.D. Ill. Jan. 14, 2016)   Fuel dispensing filters are designed to detect and remove water from fuel before fuel is dispensed into a vehicle. … Continue reading →

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Amicus in Samsung cert petition

Posted on January 19, 2016 by rtushnet

I also signed on to an amicus supporting Samsung’s petition for cert, both on the damages and the infringement/functionality standard.  This Recode story marks the first time I can recall being asked if I had a financial interest, though it … Continue reading →

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Copyright in legal codes revisited

Posted on January 19, 2016 by rtushnet

I signed on: Amicus arguing against copyright in building codes and other codes adopted as law, by Harvard’s Cyberlaw Clinic. from Blogger http://ift.tt/1Nilzk4

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