Tag Archives: dilution

Another poster child for a national anti-SLAPP law: dilution claims against a critic

Posted on March 23, 2016 by rtushnet

Doctor’s Data, Inc. v. Barrett, 2016 WL 1086510, No. 10 C 03795 (N.D. Ill. Mar. 21, 2016)   Plaintiff DDI sued Dr. Stephen J. Barrett, M.D., the National Council Against Health Fraud, and Quackwatch for violating §43, as well as … Continue reading →

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I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim

Posted on March 15, 2016 by rtushnet

I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim   Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Mar. 14, 2016)   Lions Gate sued TD for … Continue reading →

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My other district court decision is a loss: LV loses parody bag case

Posted on January 11, 2016 by rtushnet

Louis Vuitton Malletier, S.A. v. My Other Bag , Inc., No. 14-CV-3419 (S.D.N.Y. Jan. 8, 2016)   The Hon. Jesse Furman again demonstrates his good sense.  My Other Bag sells canvas tote bags with the text “My Other Bag . … Continue reading →

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Reading list: empirically testing tarnishment of movies

Posted on December 9, 2015 by rtushnet

Christopher Buccafusco, Paul J. Heald, & Wen Bu, Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works:   This Article [reports] the results of two novel experiments designed to test the effects … Continue reading →

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Just another lawsuit out of Boston

Posted on September 24, 2015 by rtushnet

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading →

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4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Posted on May 21, 2015 by rtushnet

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading →

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