Category Archives: Uncategorized

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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No dog in this fight: PTO makes a cancelled mark incontestable

Posted on April 10, 2015 by rtushnet

Nola Spice Designs, LLC v. Haydel Enterprises Inc., No. 13-30918, — F.3d – (5th Cir. Apr. 8, 2015)   Opinion below, rejecting trademark and copyright claims based on competing Mardi Gras bead dog designs. (And a reminder: sending a DMCA … Continue reading →

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Fraudulent concealment allegations preserve Lanham Act claim

Posted on April 9, 2015 by rtushnet

In re Honey Transshipping Litigation, No. 13–cv–2905, 2015 WL 1539034 (N.D. Ill. Mar. 31, 2015)   The class plaintiffs sued for violations of the Lanham Act and RICO; I’m just discussing claims against defendant Honey Solutions. The claims came from … Continue reading →

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Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

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ABA Blawg 100

Posted on November 25, 2014 by rtushnet

Once again, I’m delighted to have been nominated, and I’d appreciate your vote, though there are many great contenders, including my co-author Eric Goldman (under Tech for some reason). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Time to make the DMCA exemptions

Posted on November 4, 2014 by rtushnet

Requests will be collected here as the day continues.  The EFF and the OTW jointly requested a remix exemption for DVD,  Blu-Ray, and streaming video. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Self-promotion: ABA Blawg 100

Posted on July 11, 2014 by rtushnet

So it’s come to this: the ABA Blawg 100 is coming around again, and if you like 43(b)log, I’d love your help staying on it!  You can nominate by following this link.  Thanks! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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