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General IP News

  • YouTube’s terms of service/content policies aren’t commercial advertising or promotion
    Prager Univ. v. Google LLC, No. 18-15712 (9th Cir. Feb. 26, 2020) YouTube isn’t a public forum and didn’t engage in false advertising by telling users it supported freedom of expression. Prager “University” (it’s not) complained that YT was discriminating against its conservative viewpoints by putting some PragerU content in ... Read More
    Source: TushnetPublished on 2020-03-02By Rebecca Tushnet
  • Trademark Scholars Roundtable, Stanford part 3
    Session 3: Remedies in Trademark and Unfair Competition Cases  Introduction: Mark Lemley, Leah Chan Grinvald Discussant: Laura Heymann, Eric Goldman  [I had another conference in the morning so came in late.] Discussion of eBay’s effects. Burrell: In other countries the trend has to been add more and more remedies, extension ... Read More
    Source: TushnetPublished on 2020-03-02By Rebecca Tushnet
  • Trademark Scholars Roundtable, Stanford part 2
    Session 2: A Forward-Looking Perspective  To what extent should trademark or unfair competition law reflect consumer expectations or seek to shape or set them? Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual empiricism is a pervasive and possibly unsolvable problem because courts don’t ... Read More
    Source: TushnetPublished on 2020-03-02By Rebecca Tushnet
  • Trademark Scholars Roundtable, Stanford
    Trademark Scholars RoundtableSession 1: The Current Framework  To what extent does current trademark or unfair competition law reflect consumer expectations or seek to shape or set them? Introduction: Stacey Dogan Categorize rules as norm shaping v. norm following. To what extent are courts taking into account other values that may ... Read More
    Source: TushnetPublished on 2020-03-02By Rebecca Tushnet
  • Patents vs. Antitrust Laws
    uspto personalities It is often overlooked that patents create the kind of monopoly of the type that anti-trust laws are there to protect the public from. Sometimes this results in compulsory licensing, or non-discriminatory licensing agreements. The ... Read More
    Source: The IP FactorPublished on 2020-03-01By Dr Michael Factor
  • Amicus brief in Warhol v. Goldsmith
    Working with Chris Bavitz and the Cyberlaw Clinic, I drafted a law professors' brief on the issue of substantial similarity as a ground for affirming the district court. Drawing on Jeanne Fromer's presentation on memes and copyright:http://tushnet.blogspot.com/feeds/posts/default?alt=rss ... Read More
    Source: TushnetPublished on 2020-02-29By Rebecca Tushnet
  • CarBay – Cal Auto free-riding on ebay’s Reputation?
    carbayCal Auto Financing 1998 ltd provides car leasing and rental services. The firm applied for a trademark for CARBAY. Their CarBay logo is shown alongside. The trademark is, however, for the word mark and covers providing business and marketing ... Read More
    Source: The IP FactorPublished on 2020-02-28By Dr Michael Factor
  • Wang Binying and the Opportunity within the WIPO Crisis
    The vote for WIPO Director General will be made in early March.  The Chinese candidate, Madame Wang Binying, is known to many in the foreign IP community in China, IP diplomats, and others.  She is currently a Deputy Director General at WIPO and is consider a front-runner for the position. ... Read More
    Source: China IPRPublished on 2020-02-27By Mark Cohen (柯恒)
  • DOJ 230 workshop part 4
    DOJ Section 230 Roundtable, afternoonChatham House RulesSession 1: Content Moderation, Free Speech, and Conduct Beyond SpeechHow do platforms deal w/defamation? Standard practice is to review the complaint, the content; compare to TOS/code of conduct. Removal if warranted, contact poster if warranted and sanction at some level if warranted. If no ... Read More
    Source: TushnetPublished on 2020-02-24By Rebecca Tushnet
  • DOJ 230 workshop part 2
    Panel 2: Addressing Illicit Activity OnlineWhether Section 230 encourages or discourages platforms to address online harms, such as child exploitation, revenge porn, and terrorism, and its impact on law enforcement.Moderator: The Honorable Beth A. Williams, Assistant Attorney General Office of Legal PolicyYiota Souras, Senior Vice President and General Counsel, National ... Read More
    Source: TushnetPublished on 2020-02-24By Rebecca Tushnet
  • DOJ 230 workshop part 3
    Panel 3: Imagining the AlternativeThe implications on competition, investment, and speech of Section 230 and proposed changes.     Moderator: Ryan Shores, Associate Deputy Attorney GeneralProfessor Eric Goldman, Santa Clara University: (c)(1) means no liability for 3d party content. Difference between 1st/3d party content isn’t always clear. (2) protects good faith filtering ... Read More
    Source: TushnetPublished on 2020-02-24By Rebecca Tushnet
  • DOJ 230 workshop
    Section 230 – Nurturing Innovation or Fostering Unaccountability? DOJ WorkshopThese are copied from my handwritten notes, so will likely be terser than usual.Introduction of the Attorney GeneralThe Honorable Christopher Wray, Director, Federal Bureau of InvestigationTech is critical for law enforcement. Tech facilitates speech & enriches lives & poses serious dangers. ... Read More
    Source: TushnetPublished on 2020-02-24By Rebecca Tushnet
  • A Patent for a Lotto Game
    cardsAlexander Stern of Netanya filed and prosecuted Israel Patent Application No. IL 196915 titled “Lotto Game”. He wasn’t professionally represented. The basis of the invention was that cards can be individual cards, part of a suite, or part ... Read More
    Source: The IP FactorPublished on 2020-02-20By Dr Michael Factor
  • They chose unwisely: court blows another hole in Rogers by refusing to say that explicit means explicit
    Chooseco LLC v. Netflix, Inc., No. 2:19-cv-08 (D. Vt. Feb. 11, 2020) Explicit doesn’t mean explicit in yet another sign of the pressure the Rogers test is under.  Chooseco sued Netflix for infringement (etc.) of its rights in Choose Your Own Adventure in the dialogue (!!) of its film Black ... Read More
    Source: TushnetPublished on 2020-02-19By Rebecca Tushnet
  • Bumbags and Fanny packs
    Marom F.G.P. ltd filed an industrial design application in Israel for a pouch of the type typically referred to as the bumbag or fanny pack. Marom's bumbagThe product was photographed from all angles and is shown here. ... Read More
    Source: The IP FactorPublished on 2020-02-19By Dr Michael Factor
  • Bee Creative, but register your trademark or you may lose it
    Bee Creative Maisa Sosha filed an Israel trademark application on 1/2/2018 for Bee Creative with a stylized bee, for graphic design services, #branding and #socialmedia & #advertising services in Class 42, requesting immediate examination. The mark was ... Read More
    Source: The IP FactorPublished on 2020-02-19By Dr Michael Factor
  • Inaugural Don Dunner Leadership Award
    The UIC John Marshall Center for Intellectual Property, Information & Privacy Law has announced the inaugural Don Dunner Leadership Award to be presented at its 64th annual IP Conference on Friday, November 20, 2020 in Chicago. As someone who had the privilege of briefly working for Don in law school, ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-02-19By R. David Donoghue
  • Even in default, damages must still be shown
    NITV Fed. Servs., LLC v. Dektor Corp., 2019 WL 7899731 No. 18-80994-Civ-Brannon (S.D. Fla. Dec. 16, 2019)This is a default judgment, but it still has interesting bits. The parties compete to sell truth verification technology, which will become ironic. NTIV sued Dektor and its principal Herring for false advertising/product disparagement/defamation/tortious ... Read More
    Source: TushnetPublished on 2020-02-18By Rebecca Tushnet
  • No Lanham Act causation in another timeshare exit case
    Westgate Resorts, Ltd. v. Reed Hein & Assoc., LLC, 2020 WL 674108, No: 6:18-cv-1088-Orl-31DCI (M.D. Fla. Feb. 11, 2020)Yay, another time share exit opinion. As relevant here, the court rejected the timeshare company’s Lanham Act claim because the allegedly false advertising didn’t proximately cause the asserted harm (people stopping paying ... Read More
    Source: TushnetPublished on 2020-02-18By Rebecca Tushnet
  • “Kids” in product name represents that product is safe for children to use
    Mirza v. Ignite USA, LLC, 2020 WL 704791, No. 19 C 5836 (N.D. Ill. Feb. 12, 2020)Ignite sells reusable beverage containers, coffee mugs, water bottles, and kids’ cups under the Contigo brand name. Plaintiffs bought Contigo Kids Cleanable Water Bottles. At some point thereafter, the bottles’ clear silicone spout detached, ... Read More
    Source: TushnetPublished on 2020-02-18By Rebecca Tushnet
  • false advertising as compulsory counterclaim
    Creative Impact Inc. v. MGA Entertainment, Inc., 2019 WL 7906430, No. CV 19-07009 AG (ASx) (C.D. Cal. Nov. 4, 2019)The parties compete in the toy business. Creative Impact makes 5 Surprise, while MGA makes a similar toy called L.O.L. Surprise! In July 2019, MGA sued plaintiff Zuru in California state ... Read More
    Source: TushnetPublished on 2020-02-18By Rebecca Tushnet
  • Interlocutory Appeal Granted Based Upon Contradictory Federal Circuit Law
    Feit Elec. Co., Inc. v. CFL Techs. LLC, No. 13 C 9339, Slip Op. (N.D. Ill. Dec. 20, 2019) (Coleman, J.). Judge Coleman granted declaratory judgment plaintiff Feit’s motion for reconsideration of the Court’s grant of summary judgement that declaratory judgment defendant CFL’s ‘464 patent was unenforceable  based upon issue ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-02-17By R. David Donoghue
  • when you buy a business whose mark is the owner’s photo, make sure you get all the rights
    Minott v. Wichita Water Conditioning, Inc., No. 18-cv-01656-MSK-SKC, 2020 WL 616359 (D. Colo. Feb. 7, 2020)Minott used to own Fluid, which operated a water conditioning business under the trade name Chuck, The Water Man. Fluid made extensive use of a photograph of Minott’s face as “a sort of logo,” displaying ... Read More
    Source: TushnetPublished on 2020-02-15By Rebecca Tushnet
  • DMCA at 22: my notes from the Senate hearing
    Senate Judiciary Committee, Intellectual Property Subcommittee, The Digital Millennium Copyright Act at 22: What is it, why was it enacted, and where are we now (archived video; apparently you have to wait 13 minutes before the hearing actually starts, though)Sen. Tillis: DMCA was passed when Chumbawumba and Myspace were popular. ... Read More
    Source: TushnetPublished on 2020-02-14By Rebecca Tushnet
  • Cupid or Stupid: Careful this Valentine’s Day
    According to a press release by leading internet security firm Kaspersky, there are more than 7000 attacks by threats disguised as dating apps in Africa. The countries attacked most often were South Africa, Kenya and Nigeria accounting for 72% of attacks in the region. This is a classic case ... Read More
    Source: Afro IPPublished on 2020-02-13By Afro Leo
  • Patent Searching
    Arad OphirI have just participated in a 10 hour course on patent searching given by Arad Ophir Ltd, Israel’s leading data resource company, that was established 25 years ago, and which provides search and information services to ... Read More
    Source: The IP FactorPublished on 2020-02-12By Dr Michael Factor
  • Fourteen Month Delay Does Not Sink Preliminary Injunction
    Life After Hate, Inc. a/k/a Exit USA v. Free Radicals Proj., Inc., No. 18 C 6967, Slip Op. (N.D. Ill. Sep. 30, 2019) (Kendall, J.). Judge Kendall granted plaintiff Life After Hate a/k/a Exit USA’s (“LAH”) motion for preliminary injunction preventing defendants (collectively “Free Radicals”) from using LAH’s LIFE AFTER ... Read More
    Source: CHICAGO IP LitigationPublished on 2020-02-12By R. David Donoghue
  • False advertising of flanges leads to rare recall and some disgorgement
    Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020)Followup on the multimillion-dollar verdict in this false advertising case. A jury found that defendantsfalsely advertised their carbon steel flanges as being normalized and/or in compliance with ASTM A105, A961, and A941. “Normalizing ... Read More
    Source: TushnetPublished on 2020-02-11By Rebecca Tushnet
  • WIPIP 2020, Day 2 panel 4
    Panel 4: CopyrightStephanie Bair, Copyright’s Hidden CostsWe’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being good at problem solving, being able to balance convergent and divergent thinking. ... Read More
    Source: TushnetPublished on 2020-02-10By Rebecca Tushnet
  • WIPIP 2020, Day 2 panel 3
    Panel 3: CopyrightSarah Polcz, Loyalties v. Royalties: Relational Roots in Joint AuthorshipRelative reward (a pun!) and joint authorship. Our satisfaction for compensation is not just about absolutes, but about how fair the share is compared to the share of those alongside of whom we work. Default rules matter more where ... Read More
    Source: TushnetPublished on 2020-02-10By Rebecca Tushnet