Category Archives: Uncategorized

What Is the Academy’s Role in Evidence-based Policy Making for Intellectual Property?

Posted on June 16, 2015 by rtushnet

Hoover Institution & USPTO   Welcome:        Shira Perlmutter, US Patent and Trademark Office Initial Edison Scholars to help with evidence-based policymaking—Peter Menell (claim construction) and Jay Thomas.  Jay Kesan: harmonization and cross-country comparisons of patent examination.  In 2013, Congress and … Continue reading →

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Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

Posted on June 16, 2015 by rtushnet

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015)   Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. ECRM is Market … Continue reading →

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Seventh Circuit engages in target practice on descriptive fair use

Posted on June 15, 2015 by rtushnet

Sorensen v. WD-40 Co., No. 14-3067, 2015 BL 184918 (7th Cir. June 11, 2015)   The Seventh Circuit continues its pattern of telling district judges just to eyeball cases in the expectation that they’ll be good enough to get it … Continue reading →

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Copyrighting appropriation art?

Posted on June 12, 2015 by rtushnet

The Jim Crow Museum of Racist Memorabilia has an interesting discussion on the copyrightability of segregation signs.    Q: Does anyone own copyrights to Jim Crow Era segregation signage, such as the famous “Whites Only” or “Colored Entrance” signs?   … Continue reading →

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In which I sue the government

Posted on June 12, 2015 by rtushnet

So, remember when ICE held a press conference and claimed that disparaging a mark constituted counterfeiting?  I ended up filing a FOIA request to figure out under what circumstances ICE took this position, and since it was denied, I am … Continue reading →

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Native American Arts lacks standing to sue under IACA

Posted on June 12, 2015 by rtushnet

Native American Arts, Inc. v. Peter Stone Co., 2015 WL 3561439, — F. Supp. 3d –, No. 08 C 3908 (N.D. Ill. June 9, 2015) (magistrate judge)   NAA sued Stone under the Indian Arts and Crafts Act (IACA), which … Continue reading →

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Court certifies class against JCPenney for allegedly false “sales”

Posted on June 12, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 3478038, No. CV 12–0215 (C.D. Cal. May 18, 2015)   Spann sued JCP, bringing the usual California claims, for allegedly “falsely advertising ‘original’ prices, ‘sale’ prices and corresponding price discounts for its private … Continue reading →

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Who’s honoring me now? (Public Knowledge)

Posted on June 11, 2015 by rtushnet

I’m delighted to announce that Public Knowledge is giving me one of its 12th Annual IP3 Awards. from Blogger http://ift.tt/1QrHqh1

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Who’s honoring me now? (Public Knowledge)

Posted on June 11, 2015 by rtushnet

I’m delighted to announce that Public Knowledge is giving me one of its 12th Annual IP3 Awards. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Student athletes lose another right of publicity claim

Posted on June 11, 2015 by rtushnet

Marshall v. ESPN Inc., No. 14-01945 (M.D. Tenn. Jun. 4, 2015)   Current and former student athletes who played NCAA football or basketball sued college conferences, networks, and licensors for violating their rights of publicity and foreclosing them from the … Continue reading →

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