Wednesday, May 31, 2006

Scope of Lanham Act protection for sophisticated consumers

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Permacel Kansas City, Inc. v. Soundwich, Inc., 2006 WL 1449979 (W.D.Mo.) This patent case also involved false advertising claims. Defen...
Monday, May 29, 2006

Are bad reviews necessary?

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The NYT just ran a story on the decline in film screenings for movie critics. In fact, the story is really about the decline in studios...
Sunday, May 28, 2006

California unconscionability in brief

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Paton v. Cingular Wireless , 2006 WL 1413537 (Cal.App. 1 Dist.) The trial court denied Cingular’s motion to compel arbitration in this c...
Saturday, May 27, 2006

FDA Preamble preempts all failure to warn claims

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Colacicco v. Apotex, Inc., -- F. Supp. 2d --, 2006 WL 1443357 (E.D. Pa.) This decision against a plaintiff whose wife committed suicide afte...
Friday, May 26, 2006

Keywords revisited: goods versus services

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Eric Goldman points to Judge Chin's denial of Merck's motion to reconsider in its trademark infringement case against Canadian int...

False advertising of a connection without trademark infringement?

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L. & J.G. Stickley, Inc. v. Cosser, 2006 WL 1390468 (N.D.N.Y.) Plaintiff sued for false advertising under federal and state law base...
Thursday, May 25, 2006

The Judge Edward R. Becker Way

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Judge Becker, for whom I had the extraordinary privilege of clerking, recently passed away. He was the model of a judge and a human being: ...

Acrimony over acronyms

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GTFM, LLC v. Universal Studios, Inc., 2006 WL 1377048 (S.D.N.Y.) Plaintiffs GTFM and FUBU offer clothing and apparel under the successf...
Thursday, May 18, 2006

Google grateful to Dead?

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Larry Lessig points to Graham v. Dorling Kindersley (a recent Second Circuit case finding that copying a number of concert posters in a bi...
Wednesday, May 17, 2006

Fan fiction and Mainstream Awards

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The Tiptree Award is "an annual literary prize for science fiction or fantasy that expands or explores our understanding of gender....
Thursday, May 11, 2006

Inducement with Opal Mehta

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This contest offers rewards for the best appropriation of others' words. I really don't think it's plagiarism if one identifie...
Monday, May 08, 2006

The Lanham Act and the Paris Convention

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BP Chemicals Limited v. Jiangsu SOPO Corporation (Group) Limited , --- F.Supp.2d ----, 2006 WL 1134636 (E.D. Mo.) Though the plaintiff won...
Saturday, May 06, 2006

Myths of Copyright

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A friend forwarded me an email advertising an event sponsored by the Cloud Foundation and the Massachusetts Volunteer Lawyers for the Arts....

A great manipulator fails in its Lanham Act claims

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Toni & Guy ( USA ) Limited v. Nature's Therapy, Inc., 2006 WL 1153354 (S.D.N.Y.) Plaintiff, a hair care company, uses the mark T...
Friday, May 05, 2006

How not to analyze a false advertising claim

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Sunlight Saunas, Inc. v. Sundance Sauna, Inc. , -- F.Supp.2d --, 2006 WL 1005172 (D. Kan.) This case involves a vicious battle between S...