Monthly Archives: April 2018

Alzheimer’s Association and Alzheimer’s Foundation in keyword battle

Among other things, this case has some interesting things to say about IIC and proper controls in survey cases. Alzheimer’s Disease & Related Disorders Association, Inc. v. Alzheimer’s Foundation of America, Inc. 2018 WL 1918618, No. 10-CV-3314 (S.D.N.Y. Apr. 20, … Continue reading

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competitor lacks Lanham Act standing absent allegations of why it in particular would be harmed by false advertising

Blue Star Press, LLC v. Blasko, No. 17-CA-111-OLG, 2018 WL 1904835 (W.D. Tex. Mar. 6, 2018) (magistrate judge R&R) The parties make adult coloring books, typically marketed as a means of relieving stress but proving stressful in this litigation. Blue … Continue reading

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seller can’t sue customer for false advertising under Lanham Act because customer can’t sue seller either

Buckeye Int’l, Inc. v. Schmidt Custom Floors, Inc., 2018 WL 1960115, No. 18-cv-111-jdp (W.D. Wis. Apr. 26, 2018) Buckeye sells floor finishing products, including Gym Bond, which is supposed to help a clear topcoat adhere to a previously finished gymnasium … Continue reading

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1201 hearings, LA, streamlined video exemption

IN SUPPORT Art Neill New Media Rights Elizabeth Rosenblatt Organization for Transformative Works Jack Lerner, Brian Tamsut, and Jovan C. Ardy UCI Intellectual Property, Arts, and Technology Clinic Tisha Turk University of Minnesota, Morris  IN OPPOSITION Ben Sheffner Motion Picture Association … Continue reading

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Merchandising right violation?

In the footsteps (so to speak) of Boston Athletic Association v. Sullivan, 867 F.2d 22 (1st Cir. 1989), how should we analyze these T-shirts, sold at Boston’s Logan Airport around the time of the Boston Marathon? from Blogger https://ift.tt/2vGi1wk

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Leval on fair use

At a talk today (should be posted in about a week), Judge Leval gave a beautiful explanation of why good faith/bad faith shouldn’t matter to fair use. Boiled down and stripped of its eloquence: (1) A publisher should be able … Continue reading

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allowing TM to be used to describe a different entity could be literally false lawyer advertising

Rosenbaum & Associates, P.C. v. Morgan & Morgan, 2018 WL 1768050, No. 17-4250 (E.D. Pa. Apr. 12, 2018) Rosenbaum sued various Morgan defendants for false advertising of personal injury lawyering services in Philadelphia.  Defendants started advertising Morgan & Morgan’s personal … Continue reading

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TM scholars’ roundtable, part 5

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading

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TM scholars’ roundtable, part 4

Session 2, Cont’d Mid-Point Discussants:                       Mike Grynberg Belmora may do very little.  But: Belmora may be bad if it discards important checks, one of which might be territoriality.  Another idea: arguably undermines systematicity of TM, its existence as an … Continue reading

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TM Scholars’ roundtable, part 3

Session 2:  The Policy and Doctrine of Unfair Competition Claims Introduction:  Jake Linford: Hoping for a sharper line b/t UC and TM, much as we have a relatively sharp statutory line b/t TM infringement and dilution to the extent we … Continue reading

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