Tag Archives: trademark

WIPIP, part 2

Posted on February 10, 2017 by rtushnet

H. Brian Holland, We Are All Cyborgs Now: A Cognitive Theory of the Third-Party Doctrine Once upon a time there were categorical protectsion for private papers against search & seizure. Courts then ruled that personal property was no longer categorically … Continue reading →

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WIPIP part one

Posted on February 10, 2017 by rtushnet

Works-in-Progress Intellectual Property Colloquium Boston University School of Law Opening Plenary [missed beginning due to travel] Timothy K. Armstrong, Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II? Functionality is still a problem. Altai seemed to work … Continue reading →

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Latest additions to my collection

Posted on February 7, 2017 by rtushnet

Etsy is a font of interesting objects, including dollhouse miniatures, handmade jewelry, and even soaps (which would make good party favors for IP events, just sayin’).  Transformative works? jewelry for teaching defenses by dollhouse miniatures handbag soaps closeup on Chanel … Continue reading →

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use of P’s jewelry in D’s ad is regular passing off, not reverse passing off

Posted on February 6, 2017 by rtushnet

Brighton Collectible, LLC v. Believe Production, Inc., 2017 WL 440255, No. 15-cv-00579 (C.D. Cal. Jan. 30, 2017) Brighton sued Believe for infringing Brighton’s copyright in a jewelry design and also engaging in false designation of origin/unfair competition.  In particular, Brighton … Continue reading →

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use of P’s jewelry in D’s ad is regular passing off, not reverse passing off

Posted on February 6, 2017 by rtushnet

Brighton Collectible, LLC v. Believe Production, Inc., 2017 WL 440255, No. 15-cv-00579 (C.D. Cal. Jan. 30, 2017) Brighton sued Believe for infringing Brighton’s copyright in a jewelry design and also engaging in false designation of origin/unfair competition.  In particular, Brighton … Continue reading →

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Advertising a phone with an unauthorized screenshot of an app doesn’t violate the Lanham Act under Dastar

Posted on February 3, 2017 by rtushnet

Appjigger GmbH v. BLU Products, Inc., 2016 WL 4119720, No. 15–22313 (S.D. Fla. Mar. 7, 2016) Appjigger makes apps, and has an exclusive license for the WP CLOCK software app, which is available both to end users and also for … Continue reading →

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Political ad isn’t commercial, can’t be basis of Lanham Act claim

Posted on February 2, 2017 by rtushnet

Nichols v. Club for Growth Action, No. 16-220, 2017 WL 420111 (D.D.C. Jan. 31, 2017) Club for Growth Action is a political organization that broadcast a 30-second political ad on Wisconsin television and the Internet in September 2015, challenging the … Continue reading →

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Amazon escapes liability for ads & emails touting vendors’ infringing products

Posted on January 31, 2017 by rtushnet

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products.  He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his … Continue reading →

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Identifying Boundaries in Patent and Trademark Law.

Posted on January 27, 2017 by rtushnet

The American University Law Review is proud to present its annual Federal Circuit symposium,  Panel 2: Trademarks First Amendment Freedom of Speech and Trademarks: What Is, and What Should Be, the Relationship Between the Two? Christine Farley, American University Washington … Continue reading →

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National Constitution Center Podcast on Tam

Posted on January 19, 2017 by rtushnet

Deborah Gerhardt, Ilya Shapiro,  and I discuss Tam. http://ift.tt/2jRxGz1? The podcast can be found at the National Constitution Center’s website, as well as on iTunes and other platforms. from Blogger http://ift.tt/2jDCued

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