Category Archives: Uncategorized

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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Plaque buildup: Rosa Parks foundation loses publicity case

Posted on January 5, 2016 by rtushnet

Rosa & Raymond Parks Institute for Self Development v. Target Corp., No. 15-10880 (11th Cir. Jan. 4, 2016)   [Long description of Rosa Parks’ role in the Montgomery Bus Boycott and iconic status for the civil rights movement omitted, as … Continue reading →

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Prior use can’t be determined on motion to dismiss, even using Wayback Machine

Posted on December 31, 2015 by rtushnet

My Health, Inc. v. General Electric Co., 2015 WL 9474293, No. 15-cv-80 (W.D. Wis. Dec. 28, 2015)   GE allegedly uses MYHEALTH on a section of its website that provides health and benefits information to GE employees, http://ift.tt/1mrYzcM, infringing plaintiff’s … Continue reading →

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Bait and switch on different versions of the same brand isn’t TM infringement

Posted on December 31, 2015 by rtushnet

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015)   Adobe loses this case because of pleading and discovery choices, allowing the 9th Circuit to avoid harder first sale questions.  Christenson sold Adobe software, which he purchased … Continue reading →

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Selfie restraint: It’s hard to show fame and irreparable harm

Posted on December 30, 2015 by rtushnet

ArcSoft, Inc. v. Cyberlink Corp., 2015 WL 9455516, No. 15-cv-03707 (N.D. Cal. Dec. 28, 2015)   ArcSoft makes the Perfect365 selfie editing app, and sued defendants for infringing and diluting the trademarks/trade dress of that app with their YouCam Perfect … Continue reading →

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UK ASA doesn’t think “in association with” is enough to disclose an ad

Posted on December 30, 2015 by rtushnet

See this ruling on an ad for Michelin tires.  Note also the stricter regulation of comparative advertising than in the US. from Blogger http://ift.tt/1R8pIgy

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one note on In re Tam: TM as right to suppress others’ speech

Posted on December 22, 2015 by rtushnet

Judge Reyna’s dissent makes a point that I think courts will find very hard to grapple with, whatever the fate of 2(a) or disparagement specifically: Judge Dyk concurs in the result today only because he believes the content of Mr. … Continue reading →

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Update: SanMedica v. Amazon favorably settles

Posted on December 22, 2015 by rtushnet

Victory is mine!  Bring me the finest muffins and bagels in all the land!  Public Citizen represented me in a lawsuit to unseal the key information in SanMedica v. Amazon, a case that applied the 1-800 Contacts rule that ad … Continue reading →

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Transformative work of the day, Star Wars edition

Posted on December 21, 2015 by rtushnet

The Washington Post shows how Ken Burns would recount the Intergalactic Civil War (so bonus right of publicity issue too).  Note use of clips from the films–also a DMCA 1201/exemption issue.  (You’re welcome, Washington Post!) from Blogger http://ift.tt/1YvXDAq

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