Monthly Archives: August 2014

Dastar-ing about architecture: 7th Circuit reverses dismissal of credit claim

Posted on August 22, 2014 by rtushnet

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 →

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Today in parody shirts

Posted on August 22, 2014 by rtushnet

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 →

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When should TM claimants use the Madrid system?

Posted on August 21, 2014 by rtushnet

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  Highlights include the information that central attack leads to 2% of international registrations being withdrawn, and a handy checklist to determine whether Madrid is a … Continue reading →

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News for storage jars, Thai military coup edition

Posted on August 21, 2014 by rtushnet

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

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Dastar and karaoke

Posted on August 21, 2014 by rtushnet

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 →

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Trademark question of the day

Posted on August 21, 2014 by rtushnet

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 →

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Is porn generic for pornography?

Posted on August 20, 2014 by rtushnet

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 →

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Gripe sites protected despite use of URL and "Official" language

Posted on August 20, 2014 by rtushnet

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 →

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Personal liability for corporate scheme appropriate for repeat offender

Posted on August 19, 2014 by rtushnet

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 →

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As pure as New York snow: Bette Davis as icon and as mark

Posted on August 19, 2014 by rtushnet

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 →

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