Tag Archives: copyright

No copyright over simple colors and shapes used to annotate X-rays

Posted on July 25, 2024 by rtushnet

Overjet, Inc. v. VideaHealth, Inc., 2024 WL 3480212, No. 24-cv-10446-ADB (D. Mass. Jul. 19, 2024) The court denied Overjet’s request for a preliminary injunction on copyright and false advertising claims, concluding that Overjet’s selection of colors and shapes for annotating … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Slow fashion: checkerboard design plausibly infringes another checkerboard design

Posted on July 3, 2024 by rtushnet

Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Tiktok’s other, smaller legal problem

Posted on April 29, 2024 by rtushnet

Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

Posted on April 29, 2024 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No. 8-23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Use of competitor’s photo in comparative ads caused no (c) damage, appeals court holds

Posted on April 15, 2024 by rtushnet

I Dig Texas, LLC v. Creager, — F.4th —-, 2024 WL 1590590, No. 23-5046 (10th Cir. Apr. 12, 2024) The district court found that use of a competitor’s photos in comparative advertising was fair use; the court of appeals affirms … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

The People’s Joker

Posted on April 1, 2024 by rtushnet

 Interesting NYT story, in which I am quoted. from Blogger http://tushnet.blogspot.com/2024/04/the-peoples-joker.html

Posted in Uncategorized | Tagged | Leave a comment

Podcast on Bass Notes and Base Rates

Posted on April 1, 2024 by rtushnet

 I’m on Excited Utterance with Ed Cheng discussing my article with Chris Buccafusco. from Blogger http://tushnet.blogspot.com/2024/04/podcast-on-bass-notes-and-base-rates.html

Posted in Uncategorized | Tagged , , | Leave a comment

New piece: A Hobgoblin Comes for Internet Regulation

Posted on February 20, 2024 by rtushnet

 My contribution to From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Regulation and Copyright. from Blogger http://tushnet.blogspot.com/2024/02/new-piece-hobgoblin-comes-for-internet.html

Posted in Uncategorized | Tagged , , | Leave a comment

Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

Posted on February 16, 2024 by rtushnet

Keynote Address, Amy Adler, (How) Should Courts Interpret the Meaning of Art? Warhol was confused/confusing; lower courts are all over the place in response. Ushered in sea change in terms of how it was used in art cases. For years, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP session 6: IP Theory

Posted on February 3, 2024 by rtushnet

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Joy of producing/consuming can be important motivation for activities, though, … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment