Category Archives: Uncategorized

Carry on dancing: Lenz v. Universal

Posted on September 16, 2015 by rtushnet

Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107 (9th Cir. Sept. 14, 2015)   The OTW amicus brief gets a shoutout! Stephanie Lenz sued under 17 U.S.C. § 512(f), alleging that Universal misrepresented in a takedown notification that her 29-second … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Descriptive and nominative fair use in China

Posted on September 16, 2015 by rtushnet

I found this article by Samiko Sun of Kangxin Partners PC to be quite informative–it seems that China has adopted a US-style approach to trademark fair use. from Blogger http://ift.tt/1NCS5TP

Posted in Uncategorized | Tagged | Leave a comment

Lanham Act doesn’t allow defendants to seek indemnity/contribution

Posted on September 11, 2015 by rtushnet

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 5226462 (E.D. Mo. Sept. 8, 2015)   Third-party defendant Diversified Ingredients moved to dismiss Blue Buffalo’s claims against it, arising from an underlying action in which … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

PhD scholarship in Music Industries and Digital Platforms

Posted on September 11, 2015 by rtushnet

Swinburne U (Australia) is offering a fully funded scholarship in Music Industries and Digital Platforms.  More details at the link. from Blogger http://ift.tt/1KeWji0

Posted in Uncategorized | Tagged | Leave a comment

Another internal website search engine case survives motion to dismiss

Posted on September 8, 2015 by rtushnet

Stiles v. Wal-Mart Stores, Inc., 2015 WL 5173060, No. 2:14–CV–2234 (E.D. Cal. Sept. 2, 2015) (magistrate judge)   Stiles allegedly patented the “Stiles Razor,” the only personal styling razor with a 1/8” blade and ergonomic handle allowing for safe and … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

First Amendment invalidates anti-solicitation ordinance in tourist district

Posted on September 8, 2015 by rtushnet

FF Cosmetics FL Inc. v. City of Miami Beach, No.. 14-cv-22072, 2015 WL 5145548 (S.D. Fla. Aug. 31, 2015)   Plaintiffs run stores in Miami Beach, selling cosmetics, skin care, and beauty products on Lincoln Road, in the City’s historic … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Third Circuit confirms that consumers still lack Lanham Act standing

Posted on September 8, 2015 by rtushnet

Knit With v. Knitting Fever, Inc., — Fed.Appx. —-, 2015 WL 5147749, No. 12–3219 (Sept. 2, 2015)   This long-running, contentious litigation comes to an end (perhaps) with the court of appeals’ affirmance of the district court’s rejection of various … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Good article on gender and privacy

Posted on September 4, 2015 by rtushnet

Not a Mackinnon-style critique of privacy; rather it’s an essay by Kendra Albert about privacy anxieties being played out on the bodies of women (remember also that dad who shot the drone because he was worried about it spying on … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

TM/right of publicity mismatch claims another video game victim

Posted on September 3, 2015 by rtushnet

Virag, SRL v. Sony Computer Entertainment America LLC, No. 3:15-cv-01729 (N.D. Cal. Aug. 21, 2015)   In yet another demonstration of the ridiculous mismatch between right of publicity law and trademark law, Sony wins dismissal of trademark claims for its … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Do implicit falsity plaintiffs have to plead the existence of a survey?

Posted on September 2, 2015 by rtushnet

Vincent v. Utah Plastic Surgery Society, — Fed.Appx. —-, 2015 WL 5090868, No. 13–4146 (10th Cir. Aug. 31, 2015)   Plaintiffs (cosmetic surgeons) sued defendants (plastic surgeons) for false advertising under the Lanham Act and monopolization under the Sherman Act … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment