Category Archives: dilution

I’m stuck on Choc-Aid

because it melted in my hands: Choc-Aid (R) Milk Chocolate bandages Note the (R).

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Empirical IP Research Conference: trademarks

Plenary Session: Measuring Consumer Confusion in Trademark Infringement Facilitator: Barton Beebe (NYU) Lanham Act: confusion is vaguely defined.  Used to include “purchasers” but Congress deleted that phrase.  43(a)’s language is even broader.  Flexible and slippery. Panelists: Joel Steckel (NYU Stern … Continue reading


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Court declines to apply Lexmark to TM

Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., 2014 WL 4843674, No. 8:10–CV–365 (D. Neb. Sept. 29, 2014) This is a default so it’s just what the court decided to examine with respect to the facts; nonetheless there … Continue reading

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How to analyze fame on the pleadings

Leapers, Inc. v. SMTS, LCC,  2014 WL 4964376, No. 14–CV–12290 (E.D. Mich. Oct. 3, 2014) Leapers alleged trade dress rights “in the distinctive scalloping design applied to the adjustment knobs and bells of its rifle scopes and/or sights” which were … Continue reading

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Stay away from Juliet: keyword infringement and dilution case continues

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I, LLC, No. 08-CV-442, 2014 BL 263647 (S.D.N.Y. Sept. 23, 2014) A keyword case gets past the pleading stage (though the worst part is the dilution ruling).  The parties compete in … Continue reading

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Count the circuit splits in this nonfamous foreign marks case

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2014 WL 4759945,  No. 11–1623 (D.D.C. Sept. 25, 2014) For different versions of the background story, you can see this Wharton article (which confuses trademark and copyright, and favors … Continue reading

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Bend it like Apple

Via firstmemes, consider the extent to which (1) a reference to a famous mark can be indirect and still trigger dilution law; (2) the tweets from competitors are explicitly protected by federal dilution law’s exemption for comparative advertising, but the … Continue reading

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I’ll give you four factors, and the last three don’t count: Lovelace film is fair use

Arrow Productions, LTD. v. Weinstein Company LLC, No. 13 Civ. 5488 (S.D.N.Y. Aug. 25, 2014) Someday I might stop blogging copyright fair use and trademark defendant wins on the pleadings, but today is not that day.  Also, I appreciate the … Continue reading

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Today in parody shirts

I just acquired the Black Labour, White Guilt T-shirt from the Laugh It Off case, and I’m taking the opportunity to share some other parody shirts as well. Black Labour, White Guilt From my vacation: Spider-Moose, New Hampshire Then, continuing … Continue reading

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Trademark question of the day

Timesify makes any website look like the New York Times, so that your neighbors don’t know you’re reading something junky.  “In a matter of seconds, the article on how ‘Miley Cyrus Peed on a Tree’ will appear on a page … Continue reading

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