Monthly Archives: May 2016

Another trademark claim asserted for political purposes

Paul Alan Levy responds to a C&D against a candidate for local government who is being threatened with claims of trademark infringement for using the city’s logo on his campaign materials.  As always, it’s a refreshing read. Of particular note, … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Who’s responsible for Amazon product detail pages for TM and (c) purposes?

Oriental Trading Company, Inc. v. Yagoozon, Inc., 2016 WL 2859603, No. 13CV351 (D. Neb. May 16, 2016)   This is a pretty interesting dispute because it suggests that Amazon’s business practices may be exposing certain entities who sell through Amazon … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Second Circuit muddies nominative fair use more than 9th Circuit ever has

International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, No. 14-3456-cv (2d Cir. May 18, 2016)   The Second Circuit manages to make its multifactor confusion test worse (and you thought it had already hit rock bottom by … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Consultant’s speech to potential customers wasn’t pure scientific speech protected by First Amendment

Underground Solutions, Inc. v. Palermo, 2016 WL 2866099, No. 13 C 8407 (N.D. Ill. May 17, 2016)   Related decisions discussed from 2012, 2014, and 2015.  Plaintiff UGSI sued Palermo for trade libel and false advertising under California and federal … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Court upholds SF’s required warning on sugar-sweetened beverage ads, including pure logos

American Beverage Association v. City & County of San Francisco, No. 15-cv-03415 (N.D. Cal. May 17, 2016)   The court denied plaintiffs’ attempt to enjoin a sugar-sweetened beverage warning imposed on certain soda ads by San Francisco.  The warning is: … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

Notre Dame Deception Roundtable, part 4

Session 4 – Contracts and Securities Discussion Leaders: Greg Klass, Ann Lipton, Andrea Matwyshyn   Matwyshyn: there’s a duty to perform in good faith in the US, but no duty to negotiate in good faith. If you have an integration … Continue reading

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Notre Dame Deception Roundtable, part 3

Session 3 – Defamation and Speech Discussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey   Silbey: Alvarez and a theory of deception as speech. The three opinions are helpfully, though perhaps erroneously, talking about bad speech in three … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

Notre Dame Deception Roundtable, part 2

Session 2 – Privacy and Technology Discussion Leaders: Ryan Calo, Aaron Perzanowski, Woody Hartzog, Danielle Citron   Matwyshyn: attempts to create commonality/familiarity w/consumer—good feeling.  Can also be a part of having ads be artistic expression.   Ryan Calo: important role … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

Notre Dame Deception Roundtable, part 1

Deception Roundtable Notre Dame Law School, Chicago   Session 1 – Advertising and Trademark Discussion Leaders: Bill McGeveran, Mark McKenna, Zahr Said   Mark McKenna: deception comes up in many fields, but people aren’t talking to each other/citing each other … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

1201 roundtable, renewal of previously granted exemptions

SESSION 3 Rulemaking Process – Renewal of Previously Granted Exemptions This session will explore the process for renewal of exemptions granted under a prior rulemaking, including consideration of proposals for presumptive renewal when there is no meaningful opposition.   Andrew … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment