Thursday, August 23, 2012

Francesca Coppa and Tisha Turk talk vidding

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On Hearsay Culture, with David Levine!
Wednesday, August 22, 2012

At the intersection of my interests ...

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Fan art or false advertising?  Photoshopped Marie Claire cover calls itself fan art.   (It's not legally false advertising, since the c...
Monday, August 20, 2012

Difficult-to-empty gift card didn't violate NY consumer protection law

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Preira v. Bancorp Bank, --- F. Supp. 2d ----, 2012 WL 3541702 (S.D.N.Y.) Defendants sell prepaid, stored-value Vanilla Visa and Vanil...

Dastar bars implicit misrepresentation theory

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Dutch Jackson IATG, LLC v. Basketball Marketing Co., 846 F. Supp. 2d 1044 (E.D. Mo. 2012) Plaintiffs bring multiple causes of action ...
1 comment:

False use of (R) justifies Lanham Act injunction without evidence of materiality

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Perfect Pearl Co., Inc. v. Majestic Pearl & Stone, Inc., 2012 WL 3526611 (S.D.N.Y.) Perfect sued Majestic for unfair competition ...

Authorization to sell products under another name defeats passing off but not false certification claim

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Tri-State Energy Solutions, LLP v. KVAR Energy Savings Inc., --- F. Supp. 2d ----, 2012 WL 3322681 (D. Del.) Tri-State and KVAR had a...

USDA's ability to act on organic products precludes Lanham Act claim

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All One God Faith, Inc. v. Hain Celestial Group, Inc., 2012 WL 3257660 (N.D. Cal.) Plaintiff does business as Dr. Bronner’s Magic Soa...
Friday, August 17, 2012

MERS nonjudicial foreclosure may violate Washington consumer protection law

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Bain v. Metropolitan Mortg. Group, Inc., --- P.3d ----, 2012 WL 3517326 (Wash.) The Mortgage Electronic Registration System Inc. (MER...

Images and text in scrapbooking

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This article by Ellen Gruber Garvey on variations in scrapbooking practice (the creation of derivative works, we would call it these days) ...
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Asparagus + salmon is scene a faire; plaintiff's keyword buys hurt it in confusion analysis

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Hearthware, Inc. v. E. Mishan & Sons, Inc., 2012 WL 3309634 (N.D. Ill.) Hearthware owns the NU WAVE mark for halogen ovens (regis...

Falsity by necessary implication?

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Today's xkcd is about misleading advertising :  xkcd has actually done this same joke already . But it's still funny.
Monday, August 13, 2012

All in the game: misleading press releases support Lanham Act claim

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TASER Intern., Inc. v. Stinger Systems, 2012 WL 3205833 (D. Nev.) TASER makes tasers.   Stinger’s assets have been sold to Karbon, bu...
Sunday, August 12, 2012

Pop will eat itself

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Gotye remixes YouTube covers of Somebody That I Used to Know .  Discuss!
Friday, August 10, 2012

IPSC, part 8

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Closing Plenary Session Jeanne Fromer, The State(s) of Copyright Law   Attempting to collect all state cases that mention copyright....