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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
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
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
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
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
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
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
Inconceivable: allegedly made-up price comparison allows consumer suit
Chester v. TJX Cos., 2016 WL 4414768, No 5:15-cv-01437 (C.D. Cal. Aug. 18, 2016) When an opinion begins with the quote, “You keep using that word. I don’t think it means what you think it means,” it’s not going to … Continue reading
Cthulhu the functional?
Jake Linford has recently expounded in detail about the descriptive or even functional characteristics of certain sounds, making certain “coined” words more useful in marketing. Here’s a great example from Michael Saler, As If: Modern Enchantment and the Literary Prehistory … Continue reading
Fashion weak: fashion show fails to enjoin New York Fashion Week name
Fashion Week, Inc. v. Council of Fashion Designers of America, Inc., 2016 WL 4367990, No. 16-cv-5079 (S.D.N.Y. Aug. 12, 2016) FWI sued CFDA for trademark dilution, unfair competition and false designation of origin, and trademark infringement based on use of … Continue reading
Rebecca Tushnet 