Monthly Archives: November 2015

Court rejects recall when falsely advertising defendant already notified customers

Posted on November 23, 2015 by

Riverdale Mills Corp. v. Cavatorta North America, Inc., 2015 WL 7295541, No. 4:15-CV-40132 (Nov. 18, 2015)   Riverdale makes welded wire mesh for use in marine traps using a “galvanized after welding” (GAW) process followed by a polyvinyl chloride (PVC) … Continue reading →

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Trademark Law’s Fundamental Purposes, part 3

Posted on November 20, 2015 by

Purposes and limits (or not) in modern trademark law:  Wendy Gordon, Rebecca Tushnet   RT: Stacey Dogan’s statement that as a practical matter we need justifications for copying/free riding—I didn’t want to believe it, but I’m coming around to that … Continue reading →

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Trademark Law’s Fundamental Purposes, part 2

Posted on November 20, 2015 by

The role of justifications and equitable considerations in trademark law:  Stacey Dogan   Many of the early cases are limiting protection b/c of some interest they’re trying to protect on the other side—Borden is an exception.  Maybe a public right … Continue reading →

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Trademark Law’s Fundamental Purposes at BU

Posted on November 20, 2015 by

IP Conversations:  Trademark Law’s Fundamental Purposes, Boston University School of Law   The debate over normative foundations:  Mark McKenna: up until the 1920s-40s, courts uniformly understood that unfair competition was about trade diversion, illegitimately getting business that should have gone … Continue reading →

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Statement isn’t literally false when plaintiff can’t definitely be identified from it

Posted on November 18, 2015 by

Service Jewelry Repair, Inc. v. Cumulus Broadcasting, LLC, 2015 WL 7112334, No. 14–cv–1901 (M.D. Tenn. Nov. 13, 2015)   Service Jewelry provides jewelry sales and services; from 2010-2014, it promoted its products on a local radio station, WWTN-FM, by buying … Continue reading →

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UK ASA rejects “#sp” as insufficient to show editorial control over endorser

Posted on November 18, 2015 by

From a ruling on a sponsored Instagram post for Britvic soft drinks: We considered consumers needed to be aware that they were viewing marketing content prior to engagement, meaning that they should know that they were selecting an ad to … Continue reading →

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Trademark question of the day, Hamilton edition

Posted on November 17, 2015 by

Yes, this is a Hamilton blog for the foreseeable future.  As they say, sorry not sorry.  Last night, Bernie Sanders sent me this email: Fellow Hamiltunes fans (many of whom are almost certainly in Sanders’ target demographic, like me) will … Continue reading →

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