Author Archives: rtushnet

IPSC, opening plenary

Posted on August 6, 2015 by rtushnet

IPSC at DePaul   Opening Plenary Session   Tributes to Benjamin Liu & Greg Lastowka, much-missed colleagues who passed away in the last year.   Roberta Kwall, DePaul University College of Law   Changes in law school in last 15 … Continue reading →

Posted in blogging, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Presumption of injury saves Lanham Act monetary award

Posted on August 5, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — Fed.Appx. —-, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015)   Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting.  The parties compete to sell … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Presumption of injury saves Lanham Act monetary award

Posted on August 5, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — Fed.Appx. —-, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015)   Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting.  The parties compete to sell … Continue reading →

Posted in damages, http://schemas.google.com/blogger/2008/kind#post, remedies | Leave a comment

Photo finish: allegedly unauthorized (c) sublicensing isn’t false designation of origin

Posted on August 3, 2015 by rtushnet

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015)   PIC specializes in commercial photography.  It took photos of lighting fixtures manufactured by nonparty OSI.  Defendants Orgill and Farm & City Supply distribute … Continue reading →

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

Photo finish: allegedly unauthorized (c) sublicensing isn’t false designation of origin

Posted on August 3, 2015 by rtushnet

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015)   PIC specializes in commercial photography.  It took photos of lighting fixtures manufactured by nonparty OSI.  Defendants Orgill and Farm & City Supply distribute … Continue reading →

Posted in cmi, dastar, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

Posted on August 3, 2015 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015)   Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

Posted on August 3, 2015 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015)   Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Amicus supporting rehearing in MTM v. Amazon

Posted on July 30, 2015 by rtushnet

IP Professors, with excellent assistance from Cathy Gellis. from Blogger http://ift.tt/1IbyIKz

Posted in Uncategorized | Tagged , | Leave a comment