Dr. Seuss Sues in Sue-ville This Holiday Season
You know Green Eggs and Ham, and the Cat in The Hat, Horton, the Lorax, and others like that. But a new book is coming, although now a bit slow, It’s called “Oh, The Places You’ll Boldly Go!” Sure it…
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BIAS Rules: New FCC Regulations on Broadband Customer Privacy
On October 27, 2016, the Federal Communications Commission (“FCC” or “Commission”) adopted sweeping new privacy rules applicable to all telecommunications providers including broadband internet access service (“BIAS”) and interconnected voice-over-internet-protocol (“VoIP”) providers. Protecting the Privacy of Customers of Broadband and Other Telecommunications Services. These rules…
Rubik’s Cube Shape Mark Falls on Functionality in the EU
A trademark registration for the shape of a product (usually in the form of a drawing or 3D illustration) can be useful, particularly where the product is recognised predominantly by its distinctive visual appearance. However, if that shape or appearance is also essential for achieving…
FDA Guidance on Evaporated Cane Juice Not So Sweet for Class-Action Defendants
In recent years, a boomlet of litigation – primarily in California – has arisen regarding the product known as “evaporated cane juice” or “ECJ.” The product – made by extracting fluid from crushed sugar cane, clarifying the fluid, evaporating the fluid to create a concentrate,…
Ninth Circuit Finds “Gem-Shaped” USB Flash Drive Potentially Protectable Under the Copyright Act
The Sims is a popular series of video games in which players create virtual people called “Sims,” design these virtual peoples’ homes and neighborhoods, and help them navigate their in-game relationships, careers, and social lives. When a player controls a specific character, a green, gem-shaped…
“Meandering Evening Stroll” Helps Defeat Preliminary Injunction Motion Against AMAZON FIRE TV
A recent decision by the United States Court of Appeals for the 11th Circuit highlights the perils of delay in filing a motion for a preliminary injunction in a trademark infringement case. In Wreal, LLC v. Amazon.com, Inc. (11th Cir. Oct. 28, 2016), the appellate court affirmed…
New Copyright Office Electronic Registration System for DMCA Agents – Are You Ready?
The Digital Millennium Copyright Act (DMCA) sets forth a mechanism through which online service providers can avail themselves of a safe harbor from copyright infringement liability by recording an agent with the Copyright Office and following notice and takedown procedures. 17 U.S.C. 512. The agent’s…
The 9th Circuit Injects Some “Octane” into the Lanham Act Attorneys’ Fee Provision
In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” Until just last week, the…
New Questions Raised by Judge Rakoff: Misuse of the ® Symbol and Literal Falsity Examined
Judge Rakoff is back at it in Classic Liquor Importers, Ltd. v. Spirits International, B.V. We previously blogged about the dangers inherent in sending a cease and desist letter without the concurrent appetite for litigation, a post that was prompted by Judge Rakoff’s denial of defendant…
Likelihood of “Initial Interest” Confusion Powers The University of Houston to Preliminary Injunction Win in Law School Name Battle
On June 22, 2016, the South Texas College of Law announced that it was changing its name to Houston College of Law. This seems like a natural choice, as the school is based in Houston and is a stand-alone institution not affiliated with a university. …
