Monday, December 05, 2016

Mardi Gras bead dogs live

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At least the trademark registration does.  Remember the Mardi Gras bead dog case, Nola Spice , in which the PTO accidentally accepted a Sect...
Friday, December 02, 2016

... and the Best Title of the Year award goes to Mark Lemley

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Inventor Sued for Infringing His Own Patent. You Won't Believe What Happened Next Mark A. Lemley  Stanford Law School November 30...

Update re: DMCA re-registration

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I have updated my original post to include the information that the Library of Congress, not the CO, set the password requirements, and to ...

Failing to disclose refund policy does not make price claims literally false

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First Data Merchant Services Corp. v. SecurityMetrics, Inc., --- Fed.Appx. ----, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4 th Cir. Dec....

Saving people, suing things: TM lawsuit over -hunter suffix continues

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Kenyon v. Clare, No. 16-cv-00191, 2016 WL 6995661 (M.D. Tenn. Nov. 29, 2016) Sherrilyn Kenyon sued Cassandra Clare alleging trademark/c...

Ugly facts doom "Life is Beautiful" infringement claim: fraud on the PTO bars claim

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Amusement Art, LLC v. Life Is Beautiful, LLC, 2016 WL 6998566, No. 14-cv-08290 (C.D. Cal. Nov. 29, 2016) Defendant LIB hosts the Life i...
Thursday, December 01, 2016

DMCA agent re-registration process removes one annoyance, adds another

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Apparently one no longer has to provide a fax number to have a complete agent designation, which is good news.  (Welcome to the 21st century...
5 comments:
Wednesday, November 30, 2016

New edition, Goldman & Tushnet, Advertising and Marketing Law

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Eric Goldman has posted all about it , including an overview and links for where you can get your own fresh copy.  Eric did the heavy liftin...
Tuesday, November 29, 2016

Reading List: Legal Amateurism

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Legal Amateurism , Annelise Riles  Abstract:  Academics in the humanities and social sciences have often remarked upon the “amateuristic...

ABA Blawg 100/Hall of Fame

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I’ve made the ABA Blawg Hall of Fame , as well as the Blawg 100 , which is very nice.  I believe it’s in part a reward for persistence, as...
Monday, November 28, 2016

TM question of the day, high heel edition

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We know that Louboutin's red sole mark is only valid as applied to shoes with contrasting uppers.  So, do these shoes infringe?  (In cas...

Breakfast break: energy claims not misleading by US standards

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Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bit...

Fourth Circuit rejects attempt to control references to expert services with IP

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File under "we need a federal anti-SLAPP law." Devil’s Advocate, LLC v. Zurich Am. Ins. Co., No. 15-1048, 2016 WL 6871905, --- F...
Monday, November 21, 2016

Court tentatively holds that NY's GBL covers damage via personal injury

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Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming...

Pro tip: don't refer to delayed TM claim as "lottery ticket"

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Dropbox secured a rare laches ruling based in significant part on internal discussions by the other claimant to "dropbox" about h...