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Monthly Archives: April 2025
Trademark question of the day
At a hotel recently, I was presented with this gem: “Staybill,” a guide to hotel/local attractions. Does it matter that PLAYBILL is registered for, inter alia, “making hotel reservations for others”? from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day_7.html
whether a product was discontinued doesn’t relate to its “nature, characteristics, qualities, or geographic origin”
Memjet Technology Limited v. Vanguard Graphics International, LLC, 2025 WL 976915, No. 3:23-cv-1810-JES-AHG (S.D. Cal. Apr. 1, 2025) The parties sell digital inkjet products for use in commercial industries. Plaintiffs alleged that defendants disseminated a communication to approximately twenty businesses … Continue reading
Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study
Unveiling the Bond Between Artists and Their Work: A Vignette Study 38 Pages Posted: 12 Feb 2025 Last revised: 19 Feb 2025 Margaritha Windisch Date Written: January 31, 2025 Abstract This paper empirically measures the bond between artists and their … Continue reading
Canadian-origin “Truffettes de France” are plausibly misleading
James v. Chocmod USA Inc., 2025 WL 950509, No. 1:22-cv-01435 JLT SKO (E.D. Cal. Mar. 28, 2025) Plaintiffs sued over defendant’s “Truffettes de France” (trans. “Truffles from France”), which are, despite the name, made in Canada. They brought the usual … Continue reading
is selling stolen goods trademark infringement?
Tentantable.com, LLC v. Aljibouri, 2025 WL 959656, No. 22-CV-78-LJV (W.D.N.Y. Mar. 31, 2025) Not sure I’ve seen this before! Is selling stolen goods trademark infringement? No, this court says, and that has to be right. Plaintiffs sell “various inflatable products … Continue reading
district court misunderstands “fake sale” claims, finds price not to be a “statement”
Nguyen v. Lovesac Co., 2025 WL 950511, No. 2:24-cv-01293-TLN-JDP (E.D. Cal. Mar. 28, 2025) Weird decision finding that a price isn’t an actionable representation, which—even if true—ignores the difference between a price and a putative former price represented by a … Continue reading
trademark question of the day
“One Wing to Rule Them All” ad from Moby Dick. “Marinated in Moby’s secret spices and flame-kissed to perfectoin, these delicious wings have the power to put fellowships at risk!” from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day.html
advertising game device’s legality amidst gambling prosecutions could violate the Lanham Act
TNT Amusements, Inc. v. Torch Electronics, LLC, 2025 WL 947506, No. 4:23-CV-330-JAR (E.D. Mo. Mar. 28, 2025) The parties compete in the market for “retail amusement devices.” TNT owns and leases out traditional arcade games and similar amusement equipment (e.g., … Continue reading
Rebecca Tushnet 