Friday, October 19, 2012

Critical site's name doesn't cause initial interest confusion

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Jenzabar, Inc. v. Long Bow Group, Inc., No. 11-P-1533. (Mass. Ct. App. Oct. 18, 2012) Long Bow has a website with information critica...
Thursday, October 18, 2012

Lanham Act claim doesn't require allegation that specific individuals saw or relied on falsity

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American Specialty Health Group, Inc. v. Healthways, Inc., 2012 WL 4863779 (S.D. Cal.) Healthways moved for leave to file amended cou...
Wednesday, October 17, 2012

I love this quote just for the concept

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From Where do music collections come from?, from the Media Piracy in Emerging Economies blog: Have we already hit peak music file?  Almos...

Sign advertising TV show was commercial speech under sign regulation

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Charles v. City of Los Angeles, --- F.3d ---, 2012 WL 4857194 (9 th Cir.) LA’s sign ordinance requires a building permit for all tem...

What should copyright incentivize?

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You might have thought that Americans were at the forefront of merging and overlapping copyright and trademark in order to create protecti...
Tuesday, October 16, 2012

Best typo I've seen in a while

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From Westlaw's summary: Plaintiff alleged that defendants sold videogames that "caus[ed] older versions of counsel to overheat and ...
2 comments:

Remix of the day

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This is so well-done it's eerie, and may have hit the uncanny valley for me.  Can one parody Lady Gaga?
2 comments:

Political TM use of the day

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Romneytaxplan.com . Note the use of the logo (just slightly altered.) 
Monday, October 15, 2012

Failure to indicate non-US country of origin is literally false

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Ira Green, Inc. v. J.L. Darling, Corp., No. 11-05796, 2012 WL 4793005 (W.D. Wash. Oct. 9, 2012) Darling sells all-weather paper, Rite...

Organization for Transformative Works membership drive

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It’s OTW membership drive time—supporting the coders and servers that provide the Archive of Our Own, and Fanlore and Transformative Works ...

If unauthorized use of TM falsely advertises functionality, is the term generic?

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FLIR Systems, Inc. v. Sierra Media, Inc., 2012 WL 4792397 (D. Or.) FLIR, which makes thermal imaging cameras, sued its competitor Flu...

Nominative fair use of trade dress

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Aviva USA Corporation v. Vazirani, No. CV 11-0369-PHX-JAT (D. Ariz. Oct. 2, 2012) In 2009, Aviva, an insurer, terminated Vazirani’s a...
Sunday, October 14, 2012

self-tarnishment

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A Starbucks van with unfortunately sliding doors , via Buzzfeed and Ann Bartow.
Wednesday, October 10, 2012

... but nationwide class action against Pom proceeds

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In re POM Wonderful LLC Marketing and Sales Pratices Litigation, 2012 WL 4490860 (C.D. Cal.) Plaintiffs alleged that Pom’s health cla...

No nationwide false advertising classes after Mazza, court rules

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Schwartz v. Lights of America, 2012 WL 4497398 (C.D. Cal.) The court denied Schwartz’s motion to certify a class under California’s F...