Category Archives: Uncategorized

Reading list: Kate Crawford and Tarleton Gillespie

Posted on August 14, 2015 by rtushnet

Rebecca Tushnet, What is a Theorist For? The Recruitment of Users into Online Governance, JOTWELL (August 14, 2015) (reviewing Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media … Continue reading →

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Pure mourning: Pom fails to get preliminary injunction again

Posted on August 12, 2015 by rtushnet

Pom Wonderful LLC v.  Pur Beverages LLC, No. 13-cv-06917 (C.D. Cal. Aug. 6, 2015)    Pom fares no better its second time around. Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy … Continue reading →

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11th Circuit recognizes contributory false advertising theory

Posted on August 12, 2015 by rtushnet

Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015)   Plaintiff DFA operates duty free stores in many international airports nationwide.  It sued Estée Lauder, arguing … Continue reading →

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Noncommercial speaker can’t get fees for successfully defending Lanham Act claim

Posted on August 11, 2015 by rtushnet

Tobinick v. Novella, 2015 WL 4698549,  NO. 9:14–CV–80781  (S.D. Fla. Aug. 6, 2015)   The defendant Society for Science–Based Medicine, Inc., which won dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion.  … Continue reading →

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Be very afraid: another court refuses to find irreparable harm despite confusion

Posted on August 11, 2015 by rtushnet

Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015)   Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading →

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Reading list: measuring sponsorship materiality

Posted on August 11, 2015 by rtushnet

Reading list: Matthew B. Kugler, Measuring Sponsorship Materiality.  Abstract:   The problem of sponsorship confusion is one of the most vexing in trademark law. Mark owners often claim that the use of their marks in movies or on merchandise will … Continue reading →

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overclaiming study results to apply to unstudied product can be false/misleading

Posted on August 10, 2015 by rtushnet

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015)   The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction … Continue reading →

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7th Amendment provides jury right for TM profits as proxy for damages

Posted on August 10, 2015 by rtushnet

Black & Decker Corp. v. Positec USA Inc., — F.Supp.3d —-, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015   The parties compete to sell power tools.  B&D alleged that Positec infringed their patents and trademarks in the … Continue reading →

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IPSC: closing comments

Posted on August 7, 2015 by rtushnet

Closing Plenary Session   Joshua Sarnoff, DePaul University College of Law: Size affects nature of presentation, time, allotted, depth of development, audience participation.  Makes a personal promise to read papers in sessions he plans to go to—thinks that this will … Continue reading →

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IPSC, Copyright Theory III

Posted on August 7, 2015 by rtushnet

Copyright Theory III   Abraham Bell, Bar Ilan University The Dual-Grant Theory of Fair Use   Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. Fair use is a broad reservation of privileges for the … Continue reading →

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