Category Archives: Uncategorized

Eco-friendliness is functional; so is rustic look of burlap

Posted on May 4, 2015 by rtushnet

Farmgirl Flowers, Inc. v. Bloom That, Inc., No. 14-CV-05657, 2015 WL 1939424 (N.D. Cal. Apr. 28, 2015) Farmgirl, a San Francisco-based florist selling locally farmed arrangements, sought a preliminary injunction against competitor Bloom That prohibiting it from using burlap sack … Continue reading →

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DC Comics thinks derivative works are creator-less

Posted on April 29, 2015 by rtushnet

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. from Blogger http://ift.tt/1zqOnYb

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The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

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briefly noted: another court rejects proof of purchase requirement for class ascertainability

Posted on April 27, 2015 by rtushnet

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. from Blogger … Continue reading →

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Court makes the write choice on descriptive fair use

Posted on April 27, 2015 by rtushnet

Marketquest Group, Inc. v. BIC Corp., No. 11-cv-618 BAS (S.D. Cal. Apr. 17, 2015)   Marketquest website using All In One and The Write Choice marks Marketquest sued BIC for infringing its registrations for ALL-IN-ONE and THE WRITE CHOICE for, … Continue reading →

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Needless markup: outlet stores’ pricing not deceptive

Posted on April 27, 2015 by rtushnet

Rubenstein v. Neiman Marcus Group LLC, 2015 WL 1841254, No. CV 14–07155 (C.D. Cal. Mar. 2, 2015)   Rubenstein bought two items of clothing from the Neiman Marcus Last Call Store (a discount store, as opposed to the usual upscale … Continue reading →

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So, that happened: MPAA Creativity Conference

Posted on April 24, 2015 by rtushnet

The Motion Picture Association of America, in partnership with Microsoft and ABC News Creativity Conference (File under: you invited me!  Also, no surprise, the food was good and the perks nice—you could get your photo made in a James Bond … Continue reading →

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Deducting points for a 3-point landing in copyright claim

Posted on April 24, 2015 by rtushnet

Horizon Comics Prods., Inc. v. Marvel Entertainment, LLC, No. 15-cv-11684 (D. Mass. filed Apr. 23, 2015): Newly filed; the claim is that movie Iron Man’s armor infringes the copyright in another comic armored suit.  All I’ll say right now is that … Continue reading →

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Ad agency liability for false advertising without scienter

Posted on April 24, 2015 by rtushnet

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 1782661 (E.D. Mo. Apr. 20, 2015)   Purina sued Blue Buffalo for false advertising of its dog food as “grain free” and containing “no chicken by-product.” … Continue reading →

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8th Circuit dismisses right of publicity claim as copyright preempted

Posted on April 23, 2015 by rtushnet

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015)   Steve “Wild Thing” Ray wrestled professionally in the Universal Wrestling Federation (UWF) from 1990 to 1994. ESPN obtained films of his wrestling matches and re-telecast them without his … Continue reading →

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