Monthly Archives: July 2017

9th Circuit burps up a correction to recent Gerber case

Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, — Fed. Appx. — (9th Cir. Jul. 17, 2017) On a petition for rehearing, the previous panel opinion and partial dissent were withdrawn and replaced with the following, still partially … Continue reading

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Park claim fails to fly: formerly well-known mark lacks current secondary meaning

Parks LLC v. Tyson Foods, Inc., 2017 WL 3014273, — F.3d –, No. 16-2768 (3d Cir. Jul. 6, 2017) District court opinion discussed previously here. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name … Continue reading

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Bee aggressive: Copied ad leads to grab bag of claims

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading

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Bee aggressive: Copied ad leads to grab bag of claims

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading

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Court gags on Utah’s ag-gag law

Animal Legal Defense Fund v. Herbert, No. 13-cv-00679 (D. Utah Jul. 7, 2017) The court strikes down Utah’s ag-gag law, relying on Alvarez, Reed, and the idea that not all access procured by lying is “trespass” or “harmful.” H/T James … Continue reading

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Documents from my ICE suit

Available here, via Public Citizen. From what we have, I think it’s fair to say that most seizures are legitimate counterfeits, so to speak.  That doesn’t excuse ICE or the brand owners who supply them with information from the obligation … Continue reading

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Another thought on ICE’s statements

This isn’t specifically IP-related, but I’m pondering the part of my FOIA suit requesting training materials for ICE agents relying on case law, etc.  Initially, the ICE spokesperson who responded to my inquiry said that ICE based its seizure decisions … Continue reading

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