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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Monthly Archives: August 2014
Dastar-ing about architecture: 7th Circuit reverses dismissal of credit claim
M. Arthur Gensler Jr. & Associates, Inc. v. Strabala, No. 12-2256 (7th Cir. Aug. 21, 2014) Previous coverage, wherein I was not enthusiastic about the district court decision finding that there couldn’t be a §43(a) claim based on an allegedly … Continue reading
Today in parody shirts
I just acquired the Black Labour, White Guilt T-shirt from the Laugh It Off case, and I’m taking the opportunity to share some other parody shirts as well. Black Labour, White Guilt From my vacation: Spider-Moose, New Hampshire Then, continuing … Continue reading
Posted in dilution, parody, trademark
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When should TM claimants use the Madrid system?
Also via Lexology, Baker & McKenzie has an article setting out the pros and cons. Highlights include the information that central attack leads to 2% of international registrations being withdrawn, and a handy checklist to determine whether Madrid is a … Continue reading
Posted in trademark
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News for storage jars, Thai military coup edition
Via Lexology, Rouse Legal penned The IP Upside of Thailand’s Military Coup. Law enforcement priorities! http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Posted in trademark
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Dastar and karaoke
Slep-Tone Entertainment Corp. v. America’s Bar & Grill, LLC, No. 13 C 8526, 2014 WL 4057442 (N.D. Ill. Aug. 15, 2014) Slep-Tone sued defendants for violations of the Lanham Act. Slep-Tone makes karaoke accompaniment tracks sold under the trademark “SOUND … Continue reading
Posted in dastar, trademark
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Trademark question of the day
Timesify makes any website look like the New York Times, so that your neighbors don’t know you’re reading something junky. “In a matter of seconds, the article on how ‘Miley Cyrus Peed on a Tree’ will appear on a page … Continue reading
Is porn generic for pornography?
Hey, it’s a porn case and not a Pom case! Calista Enterprises Ltd. v. Tenza Trading Ltd., — F.Supp.2d —-, No. 3:13–cv–01045, 2014 WL 3896076 (D. Ore. Aug. 8, 2014) Calista and Tenza (porntube.com) compete in the adult entertainment industry … Continue reading
Posted in trademark
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Gripe sites protected despite use of URL and "Official" language
Board of Directors of Sapphire Bay Condominiums West v. Simpson, 2014 WL 4067175, No. 04–62 (D.V.I. Aug. 13, 2014) The board is a condo association using the name Sapphire Bay Condominiums West. Simpson bought a condo at Sapphire Bay in … Continue reading
Personal liability for corporate scheme appropriate for repeat offender
Federal Trade Comm’n v. Grant Connect, LLC, No. 11–18023, 2014 WL 3973402 (9th Cit. Aug. 15, 2014) Individual defendant Kyle Kimoto appealed from the district court’s grant of summary judgment to the FTC and its permanent injunction against a variety … Continue reading
As pure as New York snow: Bette Davis as icon and as mark
Erickson Beamon Ltd. v. CMG Worldwide, Inc., No. 12 Civ. 5105, 2014 WL 3950897 (S.D.N.Y. Aug. 13, 2014) EB sought a declaratory judgment of non-infringement of trademark and rights of publicity based on its “Bette Davis Eyes” jewelry collection, launched … Continue reading