Friday, January 02, 2015

statements by competitors are not matters of public interest

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Broadspring, Inc. v. Congoo, LLC, 2014 WL 7392905, No. 13–CV–1866 (S.D.N.Y. Dec. 29, 2014)   As part of resolving various evidentiary i...

Is "following" on Twitter endorsement?

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If William Shatner is right , does Twitter have a false endorsement/right of publicity problem when it puts sponsored accounts into celebrit...
Thursday, January 01, 2015

I'm stuck on Choc-Aid

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because it melted in my hands: Choc-Aid (R) Milk Chocolate bandages Note the (R). 

Accusation of "instability" actionable but use of generic term isn't confusing

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EndoSurg Medical, Inc. v. EndoMaster Medical, Inc., No. GJH–14–2827, 2014 WL 7336691 (D. Md. Dec. 19, 2014)   Plaintiff EndoSurg makes ...
Wednesday, December 31, 2014

Pom Wonderful's happy new year on likely confusion

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Pom Wonderful LLC v. Hubbard, No. 14-55253 (9th Cir. Dec. 30, 2014) The Ninth Circuit is the source of some of IP’s highest highs and it...
Tuesday, December 30, 2014

Transformative work of the day

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Indiana Bones and the Raiders of the Lost Bark .  Via ST.

Failure to disclose potato variety isn't misleading

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Zuckerman Family Farms, Inc. v. Bidart Bros., No. 1:14–cv–01529, 2014 WL 7239423 (E.D. Cal. Dec. 17, 2014)   Plaintiffs sued for violat...
Monday, December 29, 2014

Seen at the Spy Museum

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Matzohball, an Israel Bond thriller, a new adventure of Hebrew secret agent Oy-Oy-7, by Sol Weinstein, author of Loxfinger.

Rogers applies when film is simply named for character

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Valencia v. Universal City Studios LLC, No. 1:14–CV–00528, 2014 WL 7240526 (N.D. Ga. Dec. 18, 2014)   Valencia, professionally known as...

Sony in the Killzone: case over resolution continues

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Ladore v. Sony Computer Entertainment America, LLC, 2014 WL 7187159, No. C–14–3530 (N.D. Cal. Dec. 16, 2014)   Ladore sued Sony for all...

Do you have to buy the IP to buy the "company"?

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A.Hak Industrial Services BV v. TechCorr USA, LLC, 2014 WL 7272796, No. 3:11–CV–74 (N.D. W. Va. Dec. 18, 2014)   Berkeley Springs Instr...
Wednesday, December 24, 2014

scientific claims in ordinary ads aren't protected opinion

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Eastman Chemical Co. v. Plastipure, Inc., 2014 WL 7271384, No. 13–51087 (5 th Cir. Dec. 22, 2014) A jury found that Plastipure (and de...