Author Archives: rtushnet

Amicus supporting rehearing in MTM v. Amazon

Posted on July 30, 2015 by rtushnet

IP Professors, with excellent assistance from Cathy Gellis. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Limiting remedies when a descriptive fair use defense fails

Posted on July 30, 2015 by rtushnet

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading →

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Transformative use of the day, Lululemon edition

Posted on July 30, 2015 by rtushnet

I can’t wait to carry this bag around and watch the double-takes.  (Would also fit well on Welcome to Night Vale.) from Blogger http://ift.tt/1DbWObD

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Limiting remedies when a descriptive fair use defense fails

Posted on July 30, 2015 by rtushnet

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading →

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

Transformative use of the day, Lululemon edition

Posted on July 30, 2015 by rtushnet

I can’t wait to carry this bag around and watch the double-takes.  (Would also fit well on Welcome to Night Vale.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, trademark | Leave a comment

Somehow the Coke bottle survived this dilutive free riding

Posted on July 30, 2015 by rtushnet

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over. Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you … Continue reading →

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Somehow the Coke bottle survived this dilutive free riding

Posted on July 30, 2015 by rtushnet

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over. Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you … Continue reading →

Posted in dilution, trademark | Leave a comment

4th Circuit denies rehearing in In re GNC

Posted on July 29, 2015 by rtushnet

😦 If this ruling sticks and is actually applied in Lanham Act cases (something of which I am uncertain), then the resulting circuit split would probably justify Supreme Court review, given the Court’s newfound interest in 43(a)(1)(B). from Blogger http://ift.tt/1SguBHc

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4th Circuit denies rehearing in In re GNC

Posted on July 29, 2015 by rtushnet

😦 If this ruling sticks and is actually applied in Lanham Act cases (something of which I am uncertain), then the resulting circuit split would probably justify Supreme Court review, given the Court’s newfound interest in 43(a)(1)(B). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

ISHTIP at Penn, part 9

Posted on July 24, 2015 by rtushnet

Session 6 | Josh Sarnoff (DePaul University), Moderator   In Search of a Trade Mark: Search practices and Bureaucratic Poetry Jose Bellido and Hyo Yoon Kang (University of Kent, UK) Commentator | Amanda Scardamaglia (Swinburne Law School)   Enhanced searching: … Continue reading →

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