Author Archives: rtushnet

CFP: Yale/Stanford/Harvard Junior Faculty Forum

Request for Submissions Yale/Stanford/Harvard Junior Faculty Forum June 13-14, 2018, Harvard Law School Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of the Yale/Stanford/Harvard Junior Faculty Forum, to be held at Harvard Law School on … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

That’s swell: court rules that NY doesn’t impose “use in commerce” limit on unfair competition

Can’t Live Without It, LLC v. ETS Express, Inc., — F.Supp.3d —-, 2018 WL 401778, No. 17-cv-3506 (S.D.N.Y. Jan. 15, 2018) Plaintiff S’well sued ETS for trademark infringement and related claims based on its sales of the Force and Swig … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Beyond Belmora: foreign TM owner proceeds under Lanham Act and Inter-American Convention

S.A.S. v. Latinfood U.S. Corp., Civ. No. 16-6576, — F.Supp.3d —-, 2017 WL 6940696 (D.N.J. Dec. 29, 2017) Industria, a Colombian food corporation and Colombian owner of the Zenú and Ranchera marks, sued Latinfood, for reasons you can guess when … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Another IP plaintiff fails to show irreparable harm (false advertising/trade secret)

Impax Media Inc. v. Northeast Advertising Corp., No. 17 Civ. 8272, 2018 WL 358284 (S.D.N.Y. Jan. 10, 2018) Impax, which provides digital video screens that show ads (mostly in supermarkets), sought to enjoin defendants (AdCorp) from competing with Impax by … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

There’s only one master of The Commodores: the group itself

Commodores Entertainment Corp. v. McClary, 2018 WL 327302, No. 16-15794 (11th Cir. Jan. 9, 2018) McClary was an original member of the award-winning Commodores, but, by his own admission, he “split from the band” in 1984 to strike out on … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

“I’m your lawyer” might be false advertising when lawyer’s firm won’t do the work

Rosenbaum & Assoc., P.C. v. Morgan & Morgan, 2018 WL 327167, No. 17-4250 (E.D. Pa. Jan. 8, 2018) A Philadelphia personal injury law firm that advertises extensively on TV and billboards alleged that a national personal injury law firm’s expansion … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Finding of willful infringement still doesn’t merit injunction under Herb Reed

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017) Herb Reed strikes again.  The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment