Monthly Archives: June 2016

Bank of No Confusion: BNC National Bank fails to enjoin Bank of North Carolina rebranding

BNC Bancorp v. BNCCORP, Inc., 2016 WL 3365428, No. 15-cv-793 (M.D.N.C. Jun. 16, 2016) Bank of North Carolina sought a declaratory judgment against BNC National Bank to settle rights in the BNC mark, and BNC National Bank sought a preliminary … Continue reading

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TM/design patent question of the day

Consider the iPhoney: Does this infringe any rights Apple might have?  We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what … Continue reading

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How it works: Understanding Copyright Law in the New Creative Economy

Re:create Coalition’s How It Works: Understanding Copyright Law in the New Creative Economy Alex Feerst, Corporate Counsel, Medium: Medium strives to present a range of options for community-driven and commercial and in-between writing. Porous: some writers have found ways into … Continue reading

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False endorsement claims based on resale fail

Hart v. Amazon.com, Inc., 2016 WL 3360639, No. 15 C 01217 (N.D. Ill. Jun. 13, 2016) What is the difference between a plausible and implausible allegation of likely confusion over endorsement?  Beats me!  Here, Hart’s pro se complaint alleged that … Continue reading

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Using generic art that may evoke plaintiff is fair

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc, 2016 WL 3282197, No. 11-5052 (D.S.D. Jun. 10, 2016) This case has occasionally shown up in my Westclip, but this time I’m writing about it because the court set forth … Continue reading

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Certification nonprofit engaged in commercial speech when it badmouthed uncertified seller

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 2016 WL 3348431, No. 16-cv-592 (E.D. Va. Jun. 15, 2016)   Nice thorough opinion playing out the interaction between Lexmark and the definition of “commercial advertising or promotion.”  The USDA … Continue reading

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Fellowship opportunity: Science, tech, and law

For people with PhDs and an interest: the American Association for the Advancement of Science Science & Technology Policy Fellowships (STPF) is committed to actively recruiting competitive applicants to the Judicial Fellowship. An August 29 webinar will focus specifically on … Continue reading

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