Author Archives: rtushnet

TMSR Session 3: Private Actors…and their Machines

Posted on February 24, 2024 by rtushnet

Introduction: Jeanne Fromer Private actors pursue their own interests. Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. It’s also cheaper, and Amazon is notoriously cheap. Affecting … Continue reading →

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TMSR Session 2: Administrative Agencies and Specialized Courts

Posted on February 24, 2024 by rtushnet

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something needs to change, then it can change quite quickly. But the flipside is that it’s seen in light of what the … Continue reading →

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15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

Posted on February 23, 2024 by rtushnet

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law.  [see also Booking: … Continue reading →

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ex-employee’s Glassdoor post wasn’t commercial advertising or promotion

Posted on February 23, 2024 by rtushnet

Schabacker v. Ferens, 2024 WL 710632, No. 22-3778 (E.D. Pa. Feb. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. ECRI … Continue reading →

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Switching tomato varieties but keeping nearly exact labels may be misleading

Posted on February 22, 2024 by rtushnet

Valiente v. Simpson Imports, Ltd., No. 23-cv-02214-AMO (N.D. Cal. Feb. 20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. (Denominazione … Continue reading →

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Descriptive mark Bike+ w/minimal marketing fails to show reverse confusion

Posted on February 21, 2024 by rtushnet

World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D. Cal. Feb. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. It sued Peloton for trademark infringement and … Continue reading →

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CFP: trademark, competition, or antitrust law

Posted on February 20, 2024 by rtushnet

 I received a request to disseminate this CFP from the Jerzy Wiszniewski Foundation. Works in any of the following fields may be entered in the competition: Օ Trademark law Օ Competition law Օ Antitrust law. The work may be a … Continue reading →

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New piece: A Hobgoblin Comes for Internet Regulation

Posted on February 20, 2024 by rtushnet

 My contribution to From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Regulation and Copyright. from Blogger http://tushnet.blogspot.com/2024/02/new-piece-hobgoblin-comes-for-internet.html

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Cardozo A&ELJ symposium, Trademark

Posted on February 16, 2024 by rtushnet

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions … Continue reading →

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Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

Posted on February 16, 2024 by rtushnet

Keynote Address, Amy Adler, (How) Should Courts Interpret the Meaning of Art? Warhol was confused/confusing; lower courts are all over the place in response. Ushered in sea change in terms of how it was used in art cases. For years, … Continue reading →

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