Category Archives: Uncategorized

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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A dreaded sunny day for Abbott & Costello heirs: play made fair use of Who’s On First

Posted on December 18, 2015 by rtushnet

TCA Television Corp. v. McCollum, No. 15 Civ. 4325 (S.D.N.Y. Dec. 17, 2105)   The “critically-acclaimed Broadway dark comedy, Hand to God,” used dialogue from the iconic comedy routine, Who’s On First? both in the play and in a promotional … Continue reading →

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Reading list: Lanham Act standing after Lexmark

Posted on December 17, 2015 by rtushnet

Virginia E. Scholtes, The Lexmark Test for False Advertising Standing: When Two Prongs Don’t Make a Right, 30 Berkeley Tech. L.J. 1023 (2015): Part I of this Note tracks the development of standing under § 43(a) of the Lanham Act … Continue reading →

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Defendant can’t take advantage of TM abandonment it created

Posted on December 17, 2015 by rtushnet

Axiom Worldwide, Inc. v. HTRD Group Hong Kong Ltd., 2015 WL 8113965, No. 8:11–cv–1468–T–33 (M.D. Fla. Oct. 30, 2015)   Axiom sued seeking to confirm its ownership of certain IP, including trademarks, related to medical devices, and for infringement resulting … Continue reading →

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Puerto Rico registration can’t constitutionally extend elsewhere

Posted on December 17, 2015 by rtushnet

Puerto Rico Coffee Roasters LLC v. Pan American Grain Manufacturing Co., Inc., 2015 WL 8551102, No. 3:15–CV–02099 (D.P.R. Dec. 11, 2015)   P.R. Coffee Roasters, which sells “Café Rico” coffee in P.R., sued Pan American for trademark infringement, false advertising, … Continue reading →

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California false advertising requires “advertising,” but unfair competition doesn’t

Posted on December 15, 2015 by rtushnet

Golden v. Sound Inpatient Physicians Medical Group, Inc., No. 14-cv-00497, 2015 WL 8539034 (E.D. Cal. Dec. 11, 2015)   Golden, a medical doctor, was a VP of medical affairs/chief quality officer at Dameron Hospital from 2008-2012.  Golden was also the … Continue reading →

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Transformative work of the day, Omelas edition

Posted on December 14, 2015 by rtushnet

I know I do a lot of these from The Toast, but that’s kind of their thing. from Blogger http://ift.tt/1RO20Xv

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Soliciting lawsuits against TM owner isn’t confusing use of TM owner’s mark

Posted on December 14, 2015 by rtushnet

AMCOL Sys., Inc. v. Lemberg Law, LLC, No. 3:15-3422, 2015 WL 8493955 (D.S.C. Dec. 10, 2015)   AMCOL provides debt collection services and is subject to the Fair Debt Collection Practices Act (FDCPA)’s ban on “harassment” in debt collection. AMCOL … Continue reading →

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Reading list: Redskins as insult and brand

Posted on December 12, 2015 by rtushnet

C. Richard King, Redskins: Insult and Brand (2016) Passionate, if somewhat repetitive (as perhaps all moral calls to action are), argument about the poisonous nature of the Washington football team’s name. King argues that the name isn’t just about insulting … Continue reading →

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