Author Archives: rtushnet

New in my TM collection

Posted on April 16, 2025 by rtushnet

 Ebay is really great for this sort of thing: Glade Plug-in in the shape of a pine tree See Car-Freshner v. S.C. Johnson & Son, 70 F.3d 267 (2d Cir. 1995). from Blogger http://tushnet.blogspot.com/2025/04/new-in-my-tm-collection.html

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The Battle for Our Attention: Empirical, Philosophical and Legal Questions: Northeastern University School of Law

Posted on April 11, 2025 by rtushnet

 Panel 3 – Media and Communication Systems for Attention Capture  This panel will address how different fields, from media studies to economics, think about attention, how it is captured and valued. Do different types of media (political news, advertisements, sexual … Continue reading →

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trademark use is easier with a suggestive mark than with a descriptive one

Posted on April 11, 2025 by rtushnet

Medical Depot, Inc. v. Med Way US, Inc., — F.Supp.3d —-, 2025 WL 948334, No. 22-CV-01272 (OEM) (SIL) (E.D.N.Y. Mar. 28, 20 This case focuses on trademark “use.” The parties are medical supply companies who use similar marks—“Med-Aire” and “MEDAIR®”—to … Continue reading →

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Trademark question of the day

Posted on April 7, 2025 by rtushnet

 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

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whether a product was discontinued doesn’t relate to its “nature, characteristics, qualities, or geographic origin”

Posted on April 4, 2025 by rtushnet

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 →

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Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study

Posted on April 3, 2025 by rtushnet

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 →

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Canadian-origin “Truffettes de France” are plausibly misleading

Posted on April 2, 2025 by rtushnet

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 →

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is selling stolen goods trademark infringement?

Posted on April 2, 2025 by rtushnet

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 →

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district court misunderstands “fake sale” claims, finds price not to be a “statement”

Posted on April 2, 2025 by rtushnet

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 →

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trademark question of the day

Posted on April 2, 2025 by rtushnet

  “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

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