Monthly Archives: December 2015

A dreaded sunny day for Abbott & Costello heirs: play made fair use of Who’s On First

TCA Television Corp. v. McCollum, No. 15 Civ. 4325 (S.D.N.Y. Dec. 17, 2105)   The “critically-acclaimed Broadway dark comedy, Hand to God,” used dialogue from the iconic comedy routine, Who’s On First? both in the play and in a promotional … Continue reading

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Reading list: Lanham Act standing after Lexmark

Virginia E. Scholtes, The Lexmark Test for False Advertising Standing: When Two Prongs Don’t Make a Right, 30 Berkeley Tech. L.J. 1023 (2015): Part I of this Note tracks the development of standing under § 43(a) of the Lanham Act … Continue reading

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Defendant can’t take advantage of TM abandonment it created

Axiom Worldwide, Inc. v. HTRD Group Hong Kong Ltd., 2015 WL 8113965, No. 8:11–cv–1468–T–33 (M.D. Fla. Oct. 30, 2015)   Axiom sued seeking to confirm its ownership of certain IP, including trademarks, related to medical devices, and for infringement resulting … Continue reading

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Puerto Rico registration can’t constitutionally extend elsewhere

Puerto Rico Coffee Roasters LLC v. Pan American Grain Manufacturing Co., Inc., 2015 WL 8551102, No. 3:15–CV–02099 (D.P.R. Dec. 11, 2015)   P.R. Coffee Roasters, which sells “Café Rico” coffee in P.R., sued Pan American for trademark infringement, false advertising, … Continue reading

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California false advertising requires “advertising,” but unfair competition doesn’t

Golden v. Sound Inpatient Physicians Medical Group, Inc., No. 14-cv-00497, 2015 WL 8539034 (E.D. Cal. Dec. 11, 2015)   Golden, a medical doctor, was a VP of medical affairs/chief quality officer at Dameron Hospital from 2008-2012.  Golden was also the … Continue reading

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Transformative work of the day, Omelas edition

I know I do a lot of these from The Toast, but that’s kind of their thing. from Blogger http://ift.tt/1RO20Xv

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Soliciting lawsuits against TM owner isn’t confusing use of TM owner’s mark

AMCOL Sys., Inc. v. Lemberg Law, LLC, No. 3:15-3422, 2015 WL 8493955 (D.S.C. Dec. 10, 2015)   AMCOL provides debt collection services and is subject to the Fair Debt Collection Practices Act (FDCPA)’s ban on “harassment” in debt collection. AMCOL … Continue reading

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