Category Archives: dilution

Ad of the day: does Louboutin have a claim?

Association? Dilution? Would any of the dilution exceptions apply? Via SocImages. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative use of the day, Lululemon edition

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

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Somehow the Coke bottle survived this dilutive free riding

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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4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading

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Answer unclear in Clearly beverage infringement case

Clearly Food & Beverage Co. v. Top Shelf Beverages, Inc., No. C13–1763, 2015 WL 1926503 (W.D. Wash. Apr. 28, 2015)   Plaintiff Clearly Food owns, by a 2012 assignment from the defunct Clearly Canadian corporation, a registration for Clearly Canadian … Continue reading

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Campbell conference: ethical and strategic issues in fair use litigation

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve)   Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission?   Lydia Loren, Lewis & Clark: for all its positive effects, she … Continue reading

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Loked and loaded: are bag closures famous to the general consuming public?

Schutte Bagclosures Inc. v. Kwik Lok Corp., 48 F. Supp. 3d 675 (S.D.N.Y. 2014)   Kwik Lok makes clips to close bags in the US, and Schutte does so in Europe and is seeking to expand to the US.  Schutte … Continue reading

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