Category Archives: Uncategorized

Class claims down the toilet? Court stays lawsuit for FTC action

Posted on October 9, 2015 by rtushnet

Belfiore v. Procter & Gamble Co., — F.Supp.3d —-, 2015 WL 5781541, No. 14–CV–4090 (E.D.N.Y. Oct. 5, 2015)   The district court stayed six related consumer class actions against “flushable” wipes on the ground that the FTC could probably protect … Continue reading →

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Lexmark means what it says, except when it says not to use the word “standing”

Posted on October 8, 2015 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., Nos. 12-5610, 13-2286, 2015 WL 5822930 (D.N.J. Oct. 1, 2015)   Plaintiff NJ PURE sued Boynton, who added third-party defendants Joanna Elias and Eric Poe. Boynton is an insurance … Continue reading →

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What is ICE seizing?

Posted on October 7, 2015 by rtushnet

Early lessons from my FOIA suit against ICE, which has finally resulted in an initial document production: (1) ICE might as well not be keeping records about what it seizes.  The variations include everything from “suspected counterfeit” [particularly informative!], “counterfeit … Continue reading →

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New right of publicity website

Posted on October 6, 2015 by rtushnet

A great new resource has arrived!  Jennifer Rothman of Loyola-LA has created Rothman’s Roadmap to the Right of Publicity: a 50-state interactive survey of right of publicity laws, plus breaking news.  Check it out! from Blogger http://ift.tt/1L47zLc

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DMCA doesn’t block reverse engineering of vehicle diagnosis software but TM might

Posted on October 5, 2015 by rtushnet

Ford Motor Co. v. Autel US Inc., No.14-13760 (E.D. Mich. Sept. 30, 3015)   Apart from cars and trucks, Ford sells automotive repair products. Among them is Ford’s Integrated Diagnostic System (IDS system) which diagnoses potential problems with Ford vehicles … Continue reading →

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Notre Dame Roundtable on Drassinower, Part 4

Posted on October 2, 2015 by rtushnet

Session IV – Subject Matter and Limitations   •           Rebecca Tushnet   Drassinower defines trademark as the right to completely control the meaning of a mark as applied to a good or service: radically unidirectional, like a one-way traffic sign, … Continue reading →

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Notre Dame Roundtable on Drassinower, Parts 2 & 3

Posted on October 2, 2015 by rtushnet

Session II – The Work as Dialogue   •           Mike Madison   An element in the book: The “work” is a Macguffin.  The the thing that holds our attention/draws the narrative together while not necessarily having meaning in and of … Continue reading →

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Notre Dame Roundtable on Drassinower, part 1

Posted on October 2, 2015 by rtushnet

Notre Dame Roundtable, What’s Wrong with Copying? (Abraham Drassinower’s book) Sponsored by the Program on Law and Market Behavior   8:40 a.m.-­‐10:15 a.m. Session I – Methodology and Implications   •           Mark Rose Historical approach: rights to manuscript or to … Continue reading →

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competition no longer required for Lanham Act “commercial advertising or promotion”

Posted on October 2, 2015 by rtushnet

Healthnow New York Inc. v. Catholic Health System, Inc., 2015 WL 5673123, No. 14–CV–986S (W.D.N.Y. Sept. 25, 2015)   Healthnow, aka Blue Cross and Blue Shield of Western New York (BCBS), sued Catholic Health for violations of the Lanham Act … Continue reading →

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Don’t send misappropriation to do copyright’s job

Posted on October 1, 2015 by rtushnet

Alaskasland.com, LLC v. Cross, No. S­15270 (Alaska Sept. 25, 2015)   A realtor group listed property adjacent to a neighboring subdivision, Susitna Shores, using three photos taken from the subdivision’s marketing materials, including one showing the subdivision’s stylized entrance sign.  … Continue reading →

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