Monthly Archives: August 2016

More Canadian IP pictures

Not legal in the US: Cafe Olimpico, since 1970 Fake store with NY Yankees logo variant Iraq-a-Fella records OK, not gonna lie, I’m interested in the use of the Rubik’s cube to indicate the completeness of the game plan advertised, … Continue reading

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both sides do it: court in Trump Univ. case resolves some expert squabbles

Cohen v. Trump, No.: 3:13-cv-2519, 2016 WL 4487172 (S.D. Cal. Aug. 25, 2016) Colorful personalities can produce colorful cases; first, Pom Wonderful, now Trump.  The court certified a class action under RICO for people who bought Trump University real estate … Continue reading

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Little Tree, big TM claim

Mike Masnick wrote basically the post I’d want to about Car Freshner’s latest attempt to suppress anyone from using tree-shaped products that smell like trees–you know, descriptive use.  I too find the functionality claim interesting and on its face strong, … Continue reading

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Trader Joe’s can go after Canadian reseller in US because harm to goodwill is so easy to allege

Trader Joe’s Co. v. Hallatt, No. 14-35035, 2016 WL 4488009, — F.3d – (9th Cir. Aug. 26, 2016) Hallatt buys Trader Joe’s-branded goods in Washington state, transports them to Canada, and resells them there in Pirate Joe’s, a store he … Continue reading

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laches period won’t run before false advertising claimant suffers harm

Star-Brite Distributing, Inc. v. Gold Eagle Co., 2016 WL 4470093, No. 14-61841-CIV (S.D. Fla. Jan. 25, 2016) The parties compete in the market for marine fuel additives.  Star-Brite argued that Gold Eagle’s false advertising counterclaim was barred by laches; the … Continue reading

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NY false advertising law lacks rigid false/misleading distinction

Classic Liquor Importers, Ltd. v. Spirits International B.V., — F. Supp. 3d —-, 2016 WL 4419457, No. 15 Civ. 6503  (S.D.N.Y. 2016) Classic Liquor is a newcomer to the liquor business that recently launched a line of vodkas under the … Continue reading

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Pictures from Canada

Canada, like many other countries, considers “taking unfair advantage” of a trademark to be a distinct problem, making it less favorable to parody and other uses than the U.S. as a matter of formal law.  What difference does that make … Continue reading

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