Category Archives: Uncategorized

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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violation of labeling law is presumptively material and deceptive

Posted on June 11, 2015 by rtushnet

Brown v. Hain Celestial Group, Inc., 2015 WL 3398415, No. 11-cv-03082 (N.D. Cal. May 26, 2015) (magistrate judge)   Plaintiffs sued Hain for selling cosmetics whose front labels used the word “organic,” but that did not contain at least 70% … Continue reading →

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Plaintiff is over a barrel without a protectable trade secret

Posted on June 10, 2015 by rtushnet

Giles Const., LLC v. Tooele Inventory Solution, Inc., 2015 WL 3505309, No. 2:12–cv–37 (D. Utah June 3, 2015)   Giles alleged that the defendants, including individuals, improperly disclosed and used its trade secrets related to barrel processing and pricing, resulting … Continue reading →

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Ron Coleman reviews Keller & Cunard copyright treatise

Posted on June 10, 2015 by rtushnet

In his inimitable style.  Obligatory disclosure: I worked at Debevoise with Bruce Keller and Jeff Cunard lo these many moons ago, which I guess makes me a demon-affiliate.  To the best of my recollection, I did not work on any … Continue reading →

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DMCA Class 21 (vehicle software) FYI

Posted on June 5, 2015 by rtushnet

From the Copyright Office: Class 21 Witnesses, Additional written materials were submitted at the hearing for Proposed Class 21: Vehicle software – diagnosis, repair, or modification. The Copyright Office provided the opportunity to respond to these materials until the close … Continue reading →

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failure to show damage from accusation of falsity dooms counterclaims

Posted on June 4, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 3407882, No. C10–861 (W.D. Wash. May 27, 2015) This five-year odyssey ends with a whimper.  Cascade and KFI sell luxury yarns; Cascade initially sued KFI for mislabeling the fiber content of … Continue reading →

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“designed to meet standard” doesn’t mean “meets standard,” court says

Posted on June 4, 2015 by rtushnet

Caltex Plastics, Inc. v. Shannon Packaging Co., 2015 WL 3407889, No. 2:13–cv–06611 (C.D. Cal. May 27, 2015) Caltex makes polyethylene bags and laminated products for military and electronics. Shannon competes with Caltex.  The Department of Defense has a Qualified Products … Continue reading →

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Can you patent the Barbra Streisand effect?

Posted on June 2, 2015 by rtushnet

Lawyer sues EFF over its stupid patent of the month award. from Blogger http://ift.tt/1dcXocP

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Don’t start a competing business using your boss’s equipment

Posted on May 29, 2015 by rtushnet

Nedschroef Detroit Corp. v. Bemas Enterprises LLC, 2015 WL 2453511, No. 14–10095 (E.D. Mich. May 22, 2015)   Defendants Rigole and LePage were Nedschroef employees in Detroit who formed a competing company, Bemas, while still working for Nedschroef. Nedschroef makes … Continue reading →

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