Category Archives: Uncategorized

Amazon doesn’t want you to know how to appy 1-800’s IIC rule

Posted on April 22, 2015 by rtushnet

SanMedica Int’l, LLC v. Amazon.com, Inc., No. 13-cv-00169 (D. Utah filed publicly Apr. 15, 2015) The parties agreed to dismiss the case with prejudice on the day the redacted version of the opinion was released, so we won’t get more. … Continue reading →

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Reading list: class ascertainability & preemption of state sound recording public perf. rights

Posted on April 21, 2015 by rtushnet

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract:   In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules … Continue reading →

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2(a) avoids First Amendment challenge, for now

Posted on April 21, 2015 by rtushnet

In re Tam, — F.3d –,  No. 2014-1203 (Fed. Cir. Apr. 20, 2015)   The Federal Circuit affirmed the refusal to register THE SLANTS for entertainment (a band) because it was disparaging, with “additional views” from one judge suggesting that … Continue reading →

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Regression damages model fails to convince court

Posted on April 20, 2015 by rtushnet

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading →

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Third Circuit clarifies its ascertainability rule but doesn’t remove it

Posted on April 20, 2015 by rtushnet

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015)   The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district … Continue reading →

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Territoriality is no bar to keeping up with the Kardashians in Kroma dispute

Posted on April 20, 2015 by rtushnet

Kroma Makeup EU, Ltd. v. Boldface Licensing Branding, Inc., No. 6:14–cv–1551, 2015 WL 1708757 (M.D. Fla. Apr. 15, 2015)   A foreign licensee of a US trademark sued US citizens for alleged infringement abroad, and sued its licensor for refusing … Continue reading →

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Lanham Act injunctive relief available without proof of injury

Posted on April 20, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 1735517, No. C10–861 (W.D. Wash. Apr. 15, 2015)   This is another round of an “extensive” lawsuit between the parties, who compete to sell yarn. Relevant here are Cascade’s claims against … Continue reading →

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Campbell conference: beyond transformative use

Posted on April 18, 2015 by rtushnet

Panel VII. Beyond Transformative Use—Other Fair and Permitted Uses (Moderator, Professor Gomulkiewicz) (partial: I had to leave early, sorry)   Gomulkiewicz: sometimes licenses get a bad rap but they can be a powerful engine for creativity. Jessica Litman, University of … Continue reading →

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Campbell conference: IP and cultural expression

Posted on April 18, 2015 by rtushnet

Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon)   Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, … Continue reading →

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Campbell conference: copyright and music licensing

Posted on April 18, 2015 by rtushnet

Panel V. Copyright and Music Licensing (Moderator, Dean O’Connor)   Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential.  Social science: … Continue reading →

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