Category Archives: Uncategorized

Empire down: Fox’s series protected no matter how confused consumers are

Posted on February 3, 2016 by rtushnet

Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 15-2158 (C.D. Cal. Feb. 1, 2016)   Sometimes it’s nice to see the law work itself pure, as a court clears out some plaintiff-postulated ambiguities in Rogers v. Grimaldi.  … Continue reading →

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Absurd “world record” claim isn’t use of actual record-holder’s identity

Posted on February 3, 2016 by rtushnet

Martin v. Living Essentials, LLC, 2016 WL 374142, No. 15 C 01647 (N.D. Ill. Feb. 1, 2016)   Ted Martin, who holds the world record for most consecutive kicks in hacky sack (no knees, no partner) sued for invasion of … Continue reading →

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Consumer protection fellowship for law students

Posted on February 1, 2016 by rtushnet

The deadline for the ABA Section of Antitrust Law’s Janet Steiger Fellowship Program has been extended to Friday, February 5th. Steiger Fellows receive a $6,000 stipend for summer internships in the offices of 36 State Attorneys General where they’ll work … Continue reading →

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Reading list: Hoofnagle on FTC Privacy Law

Posted on February 1, 2016 by rtushnet

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016) Review copy. The book will be available on Amazon Feb. 5.  This is a detailed, clearly written guide to the FTC, with specific attention to its privacy practices but … Continue reading →

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Right of publicity question of the day

Posted on February 1, 2016 by rtushnet

Put someone’s image on a playing card.  Violation of the right of publicity?  Newsworthy?  Transformative?  What if the image is on the cards in order to solve a cold case?  Please discuss! from Blogger http://ift.tt/1nzAgKO

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Speech about a concluded, one-off auction isn’t advertising or promotion

Posted on February 1, 2016 by rtushnet

Reese v. Pook & Pook, LLC., 2016 WL 337022, No. 14-5715 (E.D. Pa. Jan. 27, 2016)   The Reeses collected antique toys, and filed for bankruptcy, at which point they were required to sell some of their collection. Defendant Pook … Continue reading →

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Beware of Greeks bearing yogurt claims

Posted on January 30, 2016 by rtushnet

General Mills, Inc. v. Chobani, LLC, No. 16-CV-58 (N.D.N.Y. Jan. 29, 2016) GM also sued Chobani, and received an almost identical preliminary injunction, accompanied by an almost identical opinion, as that in Dannon’s case, reported earlier.  Yoplait Greek 100 was … Continue reading →

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It’s all Greek to me: chlorine claims over yogurt enjoined

Posted on January 29, 2016 by rtushnet

Chobani, LLC v. Dannon Co., No. 16-CV-30 (N.D.N.Y. Jan. 29, 2016) Chobani sued for a declaratory judgment that it wasn’t falsely advertising about Dannon; Dannon immediately filed its answer and counterclaims, and the court a bit over two weeks later … Continue reading →

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USPTO white paper on remix, first sale, and statutory damages

Posted on January 28, 2016 by rtushnet

Here.  No love for an exception for noncommercial user-generated content (Canada’s YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW’s contributions.  What is a bit aggravating is the apparent … Continue reading →

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Lexmark gives some non-TM owners standing to sue for infringement

Posted on January 26, 2016 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2016 WL 266396, No. 08-11867 (E.D. Mich. Jan. 21, 2016)   This long-lived dispute goes another round of various motions in limine.  Innovation sued NVE for trademark infringement; NVE counterclaimed for false advertising.  Here, … Continue reading →

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