Category Archives: Uncategorized

Going to the mattresses without initial interest confusion

Posted on January 15, 2016 by rtushnet

Select Comfort Corporation v. Baxter, No. 12-2899, 2016 WL 158516 (D. Minn. Jan. 13, 2016)   A lot of stuff going on here. The parties compete in the market for adjustable air beds and related products. Select Comfort has a … Continue reading →

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Wear and tear: First Amendment takes another bite out of law protecting military medals

Posted on January 13, 2016 by rtushnet

United States v. Swisher, No. 11-35796 (9th Cir. Jan. 11, 2016) (en banc)   H/T Eric Goldman.   The facts of Swisher are colorful (a murder trial, at which he was not the defendant, is involved) but irrelevant.  United States … Continue reading →

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Is it safe? Uber’s media statements about safety are commercial speech

Posted on January 12, 2016 by rtushnet

Greater Houston Transportation Company v. Uber Technologies, Inc., — F.Supp.3d —-, No. 4.14-0941, 2015 WL 9660022 (S.D. Tex. Dec. 18, 2015)   [Yes, I know, but I couldn’t find a relevant Taxi Driver quote.]   Previous opinion discussed earlier in … Continue reading →

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Chobani ad campaign draws Lanham Act suits

Posted on January 11, 2016 by rtushnet

The NYT has a story here.  Interestingly, the campaign is similar to some others I’ve seen condemned by the NAD and even the FTC in the context of “green” claims, by focusing on the use of chlorine etc. in producing … Continue reading →

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My other district court decision is a loss: LV loses parody bag case

Posted on January 11, 2016 by rtushnet

Louis Vuitton Malletier, S.A. v. My Other Bag , Inc., No. 14-CV-3419 (S.D.N.Y. Jan. 8, 2016)   The Hon. Jesse Furman again demonstrates his good sense.  My Other Bag sells canvas tote bags with the text “My Other Bag . … Continue reading →

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Can a “no-haggle” offer include negotiation? maybe not

Posted on January 11, 2016 by rtushnet

Dependable Sales & Service, Inc. v. Truecar, Inc., No. 15-cv-1742, 2016 WL 79992 (S.D.N.Y. Jan. 6, 2016)   Plaintiffs, 162 auto dealerships, sued TrueCar for false advertising under state and federal law.  TrueCar’s website tells prospective car buyers search that … Continue reading →

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Seen on the streets of NYC

Posted on January 11, 2016 by rtushnet

Photo by Mark Lemley: Does it matter whether Winebook sells both wine and books? from Blogger http://ift.tt/1P2WQBA

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AALS panel on the scope of IP rights

Posted on January 11, 2016 by rtushnet

Intellectual Property – Interpreting the Scope of IP Rights Moderator: Zahr Said, University of Washington School of Law   Margaret-Jane Radin, The University of Michigan Law School: Patent scope. The problem of describing innovation (thing in the world) in words. … Continue reading →

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Transformative work of the day, comics edition

Posted on January 7, 2016 by rtushnet

Icons Unmasked, Alex Solis.  I particularly like the historicization of the various animated figures. from Blogger http://ift.tt/1ISIiII

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Failure to show harm dooms many claims based on negative press release

Posted on January 6, 2016 by rtushnet

Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015)   Wow, this one’s been going on for a while.  Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading →

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