Category Archives: Uncategorized

Today’s unauthorized uses

Posted on October 29, 2015 by rtushnet

From pictures I have taken around town. Just Hike It T-shirt May the Forest Be With You Shenandoah National Park T-shirt Am I the only one who sees the Amazon smile in this ad? “Walkens welcome” sign to attract walk-in … Continue reading →

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Les 1201 exemptions nouvelles sont arrivees: remixers get Blu-Ray

Posted on October 27, 2015 by rtushnet

Rulemaking here.  As Jon Band says, people who got organized got much of what they asked for, albeit hemmed in by pointless restrictions, but people who weren’t aggressively represented by groups willing to spend countless hours on this process didn’t. … Continue reading →

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Annotating competitor’s ad is fair use

Posted on October 26, 2015 by rtushnet

Miller UK Ltd. v. Caterpillar Inc., No. 10-cv-03770 (N.D. Ill. Oct. 21, 2015)   Miller sued Caterpillar for breach of a contractual restriction on the use of Miller’s confidential information, for trade secret misappropriation, and for fraudulent inducement. Caterpillar counterclaimed … Continue reading →

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Registration symposium at William & Mary, part 2

Posted on October 23, 2015 by rtushnet

Rebecca Tushnet: And now for something different!  I’ve been asked to speak about the implications of the Pro-Football case and decisions made by the courts with regards to the trademark process and freedom of speech.  Thanks to Fred Schauer and … Continue reading →

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Registration symposium at William & Mary, part 1

Posted on October 23, 2015 by rtushnet

William & Mary Student Intellectual Property Society Symposium A Right  to Register: A discussion of First Amendment Implications of the Trademark Registration Process   Overview: Dean Laura Heymann, W&M Law: TMs reduce consumer search costs.  TMs don’t exist in the … Continue reading →

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Trademark infringement on hang tags is covered advertising injury

Posted on October 23, 2015 by rtushnet

E.S.Y., Inc. v. Scottsdale Ins. Co., 2015 WL 6164666, No. 15–21349–CIV (S.D. Fla. Oct. 14, 2015) Scottsdale insured ESY under a commercial general liability insurance policy, with coverage for advertising injury.  Exist, an apparel maker, later sued ESY for infringing … Continue reading →

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General involvement in app production doesn’t defeat 230

Posted on October 22, 2015 by rtushnet

Free Kick Master LLC v. Apple Inc., 2015 WL 6123058, No. 15-cv-03403 (N.D. Cal. Oct. 19, 2015)   Free Kick Master has a registration for “Free Kick Master,” and sued Apple, Google, and Samsung, alleging that they all offered downloads … Continue reading →

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Back to the Future: 9th Cir. reverses itself in Multi Time Machine

Posted on October 22, 2015 by rtushnet

Multi Time Machine, Inc. v. Amazon.com, Inc., No. 13-55575 (9th Cir. Oct. 21, 2015)   Reversing itself (with amicus advocacy from, among others, yours truly), the panel now by 2-1 holds that Amazon should have gotten summary judgment for its … Continue reading →

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Hand in glove: ICE and trademark seizures

Posted on October 21, 2015 by rtushnet

More tidbits from my FOIA suit against ICE, including the revelation that they did indeed record at least one seizure of disparaging items, “Baltimore sucks” T-shirts.  (Other entries are suggestive, but too unclear to be sure what was seized without … Continue reading →

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Transformative works of the day

Posted on October 20, 2015 by rtushnet

R. Sumantri MS, from Indonesia, paints DC and Marvel superheroes juxtaposed with Asian folk and mythological characters. Here: Guan Gong vs. Iron Man, Nezha vs. Batman, and Guan Gong vs. Captain America from his China New Supreme Power series. Discovered … Continue reading →

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