Author Archives: rtushnet

1201 hearings, LA, streamlined video exemption

Posted on April 24, 2018 by rtushnet

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?

Posted on April 23, 2018 by rtushnet

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

Posted on April 18, 2018 by rtushnet

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

Posted on April 16, 2018 by rtushnet

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

Posted on April 16, 2018 by rtushnet

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

Posted on April 14, 2018 by rtushnet

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

Posted on April 13, 2018 by rtushnet

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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TM scholars’ roundtable, part 2

Posted on April 13, 2018 by rtushnet

Session 1, Cont’d Mid-Point Discussants:                       Stacey Dogan: pre-20th c, very few cases of claims based on noncompeting goods, and even fewer with actual harm stories.  Can be characterized as chance or as the functions of the markets of the day, … Continue reading →

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TM Scholars’ roundtable, part 1

Posted on April 13, 2018 by rtushnet

Trademark Scholars’ Roundtable, 10th year! Session 1:  The Distinction Between Trademark and Unfair Competition Law Introduction:   Mark McKenna: Until mid 20th c, could have said that TM and UC were distinct legal claims that vindicated the same right; thus … Continue reading →

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can investigating claims bind you to arbitration?

Posted on April 13, 2018 by rtushnet

LegalForce RAPC Worldwide, P.C. v. LegalZoom.com, Inc., 2018 WL 1738135, No. 17-cv-07194-MMC (N.D. Cal. Apr. 10, 2018) LegalZoom, which advertises its ability to help people register trademarks, allegedly makes “false comparisons to attorney led services” and engages in the unauthorized … Continue reading →

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