Monthly Archives: July 2015

No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

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No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

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Amicus supporting rehearing in MTM v. Amazon

Posted on July 30, 2015 by rtushnet

IP Professors, with excellent assistance from Cathy Gellis. from Blogger http://ift.tt/1IbyIKz

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Amicus supporting rehearing in MTM v. Amazon

Posted on July 30, 2015 by rtushnet

IP Professors, with excellent assistance from Cathy Gellis. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in my writings, trademark | Leave a comment

Limiting remedies when a descriptive fair use defense fails

Posted on July 30, 2015 by rtushnet

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading →

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Transformative use of the day, Lululemon edition

Posted on July 30, 2015 by rtushnet

I can’t wait to carry this bag around and watch the double-takes.  (Would also fit well on Welcome to Night Vale.) from Blogger http://ift.tt/1DbWObD

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Limiting remedies when a descriptive fair use defense fails

Posted on July 30, 2015 by rtushnet

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Transformative use of the day, Lululemon edition

Posted on July 30, 2015 by rtushnet

I can’t wait to carry this bag around and watch the double-takes.  (Would also fit well on Welcome to Night Vale.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, trademark | Leave a comment

Somehow the Coke bottle survived this dilutive free riding

Posted on July 30, 2015 by rtushnet

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over. Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you … Continue reading →

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Somehow the Coke bottle survived this dilutive free riding

Posted on July 30, 2015 by rtushnet

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over. Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you … Continue reading →

Posted in dilution, trademark | Leave a comment