Monthly Archives: August 2024

Court accepts survey with disclaimer control that causes 38% confusion

Posted on August 27, 2024 by rtushnet

 Another ruling in the PNC v. Plaid case: PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3691607, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) Daubert motions for this case. I’ll only discuss the stuff I find interesting.   Kivetz … Continue reading →

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Plaid must face jury on PNC’s TM/advertising claims, but has good laches/acquiescence argument

Posted on August 27, 2024 by rtushnet

PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3687956, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like … Continue reading →

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Punchbowl, punchback: district court finds confusion unlikely between invitation and political news sites

Posted on August 26, 2024 by rtushnet

Punchbowl, Inc. v. AJ Press LLC, 2:21-cv-03010-SVW-MAR (C.D. Cal. Aug. 22, 2024) Punchbowl home page Punchbowl News home page On remand from the 9th Circuit, the court conducts a multifactor likely confusion analysis and finds that Punchbowl’s digital invitation services … Continue reading →

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Trademark question of the day

Posted on August 26, 2024 by rtushnet

 Spotted around town: For reference, here’s the Grand Theft Auto font: from Blogger http://tushnet.blogspot.com/2024/08/trademark-question-of-day.html

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State Little FTC Acts still have teeth, as Georgia’s proves

Posted on August 26, 2024 by rtushnet

Federal Trade Commission v. Peyroux, — F.Supp.3d —-, 2024 WL 1283344, No. 1:21-cv-3329-AT (N.D. Ga. Mar. 11, 2024) The FTC and the state of Georgia sued three corporate defendants and two individual defendants, Peyroux and Detelich. The underlying acts carried … Continue reading →

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Grubhub’s listing of unaffiliated restaurants on its platform could infringe TM

Posted on August 26, 2024 by rtushnet

Lynn Scott, LLC v. Grubhub Inc., 2024 WL 3673718, No. 20 C 6334 (N.D. Ill. Aug. 6, 2024) Restaurants brought a putative class action alleging that Grubhub used their names and logos confusingly, asserting claims under the Lanham Act. “Grubhub … Continue reading →

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IPSC Closing Plenary: Fair Use After Warhol

Posted on August 9, 2024 by rtushnet

Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work is not infringing in the absence of substantial similarity.there are also cases suggesting ©ability of style: Steinberg, saying style is … Continue reading →

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IPSC Breakout 5 Comparative Approaches

Posted on August 9, 2024 by rtushnet

Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case? Evidence Against Granting Automatic Injunctions in Europe Patent paper; issues involving NPEs similar to trolling issues in US. If most infringement cases are between noncompetitors, automatic injunction is … Continue reading →

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IPSC Breakout 4 IP and Property/Contract Theory

Posted on August 9, 2024 by rtushnet

Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way of understanding institutions on the understanding that they’re not infinitely mutable. One shouldn’t begin with an unilateral approach on their ends. Ordinary … Continue reading →

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IPSC Breakout 3: Trademark and Unfair Competition

Posted on August 9, 2024 by rtushnet

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent … Continue reading →

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