Author Archives: rtushnet

10th Annual Evil Twin Debate,”Free Speech or Free to Reject?: Trademark Registration & the First Amendment”

Posted on January 9, 2017 by rtushnet

Sponsored by the University of Richmond School of Law and the AALS IP Section and hosted at Golden Gate University School of Law.   Mark Lemley & I debated, and though I usually try to point out that my summaries … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Reading list: anti-surcharge rules and behavioral economics

Posted on January 6, 2017 by rtushnet

Todd J. Zywicki, Geoffrey A. Manne & Kristian Stout, Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws I found this quite interesting, though I am much less skeptical … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Reading list: 2016 TM year in review

Posted on January 4, 2017 by rtushnet

 Mark P. McKenna & Shelby Niemann, 2016 Trademark Year in Review: This brief essay reviews some of the most significant developments in trademark law during the past year. In most cases we have interpreted “year” fairly liberally, particularly to highlight some … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Lexmark harm requirement reopens gap between registered and unregistered TM infringement

Posted on January 3, 2017 by rtushnet

UHS of Delaware, Inc. v. United Health Services, Inc., 2016 WL 7474801, No. 12-CV-485 (M.D. Pa. Dec. 29, 2016) If other courts follow this logic, this could be big.  Plaintiff UHS Delaware sued United Health Services, Inc., and related defendants … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Extraterritorial conduct isn’t relevant to laches, but clear house mark defeats counterfeiting charge

Posted on January 3, 2017 by rtushnet

Gibson Brands, Inc. v. John Hornby Skewes & Co. Ltd., No. CV 14-00609, 2016 WL 7479317 (C.D. Cal. Dec. 29, 2016) Gibson sued JHS for infringement of its trade dress rights in guitar body shapes.  The court first rejected JHS’s … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Contracts can last longer than headaches: 1990 consent decree bars comparisons today

Posted on December 30, 2016 by rtushnet

Pfizer Inc. v. McNeil-PPC, Inc., 183 F. Supp. 3d 491 (S.D.N.Y. 2016) A twenty-six-year-old consent decree resolving false advertising claims bans certain comparisons between Advil (Pfizer) and Tylenol (McNeil). Several years after the decree’s entry, Pfizer introduced Advil products designed … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Does this image evoke the Starbucks logo?

Posted on December 23, 2016 by rtushnet

Circles and colors and coffee: is that enough for dilution?   from Blogger http://ift.tt/2i2CJyt

Posted in Uncategorized | Tagged , | Leave a comment

Hamilton, the gift that keeps on giving …

Posted on December 23, 2016 by rtushnet

Apparently this shirt is available at Ash Lawn, Monroe’s home.  I desperately want one: Young man I’m from Virginia, so watch your mouth Too short a phrase for copyright? from Blogger http://ift.tt/2hjUJot

Posted in Uncategorized | Tagged , , | Leave a comment

MOB receives early Xmas present: 2d Circuit affirms LV’s loss

Posted on December 22, 2016 by rtushnet

Louis Vuitton Malletier S.A. v. My Other Bag, Inc., 16-241-cv (2d. Cir. Dec. 22, 2016) Contrary to my expectations for the Second Circuit, this is a quick summary affirmance—testament to Judge Furman’s careful reasoning below (which one would hope supports … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Update on my suit against ICE

Posted on December 21, 2016 by rtushnet

Today my lawyer Michael Kirkpatrick had oral argument before Judge Cooper of the DDC.  One of the highlights, for me, was the government’s lawyer’s concession that he couldn’t imagine a situation in which “Yankees Suck” would be counterfeit or infringing. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment