Category Archives: Uncategorized

Campbell conference: transformative use across the arts

Posted on April 17, 2015 by rtushnet

Panel II. Transformative Use Across The Arts (Moderator, Professor Said)   Annemarie Bridy, Idaho: Role of aesthetic judgments in fair use cases. Bleistein principle of aesthetic neutrality/nondiscrimination.  Campbell said it wouldn’t judge whether the parody was good, just whether it … Continue reading →

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Campbell conference: overview on fair use

Posted on April 17, 2015 by rtushnet

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz)   Barton Beebe, NYU   Updated dataset 1978-2014: 460 opinions. Available on his website.  Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at … Continue reading →

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Pam Samuelson on futures of fair use

Posted on April 17, 2015 by rtushnet

University of Washington School of Law: Fair Use In The Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose’s “Transformative Use Test” (aka Campbell at 21)   Opening Keynote Address: Professor Pam Samuelson: Possible Futures of Fair Use   Campbell … Continue reading →

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Thermolife sues critic’s blog for cybersquatting

Posted on April 15, 2015 by rtushnet

A reader pointed me to this lawsuit, alleging cybersquatting against http://ift.tt/1CLQWzE based on Thermolife’s Muscle Beach marks.  You may notice that this isn’t really a domain name, but a blog hosted on WordPress.  In an in rem proceeding, will the court … Continue reading →

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resources spent correcting false advertising provide business standing in California

Posted on April 15, 2015 by rtushnet

Underground Solutions, Inc. v. Palermo, No. 13 C 8407, 2015 WL 1594189 (N.D. Ill. Apr. 7, 2015)   Previous ruling on this dispute between Underground Solutions and a person who basically served as an expert supporting its competitor. Related case … Continue reading →

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Preemption and dormant commerce clause challenges to Cal. Made in US law fail

Posted on April 15, 2015 by rtushnet

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015)   Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the … Continue reading →

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Dogged determination: PTO corrects mistaken incontestability

Posted on April 14, 2015 by rtushnet

You can read the notice for the design mark here.  Following up on my previous bead dog related post. Also as a result, my children have learned how to make Mardi Gras bead dogs and leave them around the house. … Continue reading →

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Loked and loaded: are bag closures famous to the general consuming public?

Posted on April 13, 2015 by rtushnet

Schutte Bagclosures Inc. v. Kwik Lok Corp., 48 F. Supp. 3d 675 (S.D.N.Y. 2014)   Kwik Lok makes clips to close bags in the US, and Schutte does so in Europe and is seeking to expand to the US.  Schutte … Continue reading →

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Primary jurisdiction didn’t warrant dismissal of “natural” claims, 9th Cir. says

Posted on April 13, 2015 by rtushnet

Astiana v. Hain Celestial Group, Inc., No. 12-17596 (9th Cir. Apr. 10, 2015)   As the court of appeals introduced the case:   A product labeled “all natural” or “pure natural” likely evokes images of ground herbs and earth extracts … Continue reading →

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Click click boom: affiliate marketing network liable for affiliates’ false advertising

Posted on April 10, 2015 by rtushnet

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015)   The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products … Continue reading →

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