Friday, July 19, 2013

Initial interest confusion is dead, long live IIC?

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1-800 Contacts, Inc. v. Lens.com, Inc., 2013 WL 3665627 (10th Cir. July 16, 2013) I will try not to repeat Eric Goldman’s trenchant anal...
Thursday, July 18, 2013

When is yogurt not yogurt? That's for the FDA

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Hood v. Wholesoy & Co., 2013 WL 3553979 (N.D. Cal.) Hood alleged the usual California claims based on failure to label certain fo...
Wednesday, July 17, 2013

Parody of the day: It's Finally Ironic

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There, Rachael Hurwitz fixed it : Alanis Morrisette's Ironic, with some different lyrics.
Tuesday, July 16, 2013

Can't Buy Me Love (but maybe coauthorship?)

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... but a copyright infringement lawsuit can do plenty of other things. The NYT reports on a lawsuit by the creators of one Beatles tribute...
Monday, July 15, 2013

Goodreads sued for user-posted photo

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Here's the PaidContent story. Was this really a good use of time and effort, especially given Goodreads' DMCA policy ?  Should fees...
Saturday, July 13, 2013

China, DVDs, and antitrust

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This post by Joe Karaganis on China, media piracy, and business models made me think of the Apple ebooks case: Chinese and Indian studios...
Thursday, July 11, 2013

Double don't do this

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From the Apple e-book opinion: Hachette’s Young told Nourry in late Fall 2009, “[c]ompletely confidentially, Carolyn [Reidy] has told me t...
Wednesday, July 10, 2013

Different kinds of reproductive work

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Two quotes: [I]t is almost unanimously accepted that a scholar can make a handwritten copy of an entire copyrighted article for his own u...
Monday, July 08, 2013

Fire watch: court certifies NY but not CA class in hair product case

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Guido v. L'Oreal, USA, Inc., 2013 WL 3353857 (C.D. Cal.) Plaintiffs sued L’Oreal for falsely advertising Garnier Fructis Sleek ...
Friday, July 05, 2013

Statements about FTC regulations not covered by Lanham Act

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CMH Mfg., Inc. v. U.S. GreenFiber, LLC, 2013 WL 3324292 (E.D. Tenn.) CMH makes manufactured homes. GreenFiber sells home insulation, ...

Limited service pregnancy centers may be engaging in misleading commercial speech

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Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore, No. 11-1111 (4 th Cir. July 3, 2013) (en ba...

Bad Situation: Jersey Shore cast member loses TM and publicity claim over parody

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MPS Enter., LLC v.   Abercrombie & Fitch Stores, Inc. No. 11-24110 (S.D. Fla. June 28, 2013) Michael Sorrentino, aka The Situatio...
Wednesday, July 03, 2013

Dastar doesn't bar claim based on allegedly stolen technology

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Nippon Steel & Sumitomo Metal Corp. v. POSCO, 2013 WL 3285206 (D.N.J.) Nippon and POSCO are engaging in a global IP battle.   Thi...

Lawsuit receives reviving jolt: energy shot claims dismissed too soon

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Innovation Ventures, LLC v. Bhelliom Enterprises Corp., --- Fed. Appx. ----, 2013 WL 3306330 (6 th Cir.) Innovation/LE claimed that ...
Tuesday, July 02, 2013

Fair use of the day

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Welcome to Night Vale is a podcast in the vein of Lovecraftian homage/ Cabin in the Woods -style absurdist horror.  It's enjoyable for ...