Category Archives: dilution

Gripe sites protected despite use of URL and "Official" language

Board of Directors of Sapphire Bay Condominiums West v. Simpson, 2014 WL 4067175, No. 04–62 (D.V.I. Aug. 13, 2014) The board is a condo association using  the name Sapphire Bay Condominiums West.  Simpson bought a condo at Sapphire Bay in … Continue reading

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As pure as New York snow: Bette Davis as icon and as mark

Erickson Beamon Ltd. v. CMG Worldwide, Inc., No. 12 Civ. 5105, 2014 WL 3950897 (S.D.N.Y. Aug. 13, 2014) EB sought a declaratory judgment of non-infringement of trademark and rights of publicity based on its “Bette Davis Eyes” jewelry collection, launched … Continue reading

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Writing on a clean slate: 7th Circuit affirms dismissal of claims against Dark Knight film

Fortres  Grand  Corp. v. Warner  Bros. Entertainment Inc., No. 13-2337 (7th Cir. Aug. 14, 2014) I previously discussed here the lower court opinion dismissing the infringement claim by plaintiff, a software company, against WB for imagining a similarly named software … Continue reading

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Product disparagement as trademark dilution?

Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc., 2014 WL 3850072, No. 13–12553 (D. Mass. Aug. 4, 2014) This is mostly a false advertising case, but stick around for the weird dilution ruling.  The parties compete in the market for bowel … Continue reading

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When all you have is a Captain Hammer …

The costumed performers who importune passersby in Times Square are not universally beloved.  Via the WSJ comes this suggestion for getting rid of them: State Sen. Brad Hoylman, whose district includes Times Square, said the companies that created the characters … Continue reading

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Hockey or coffee?

How about this “Hockey Mom” shirt in Starbucks style? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Paint or baseball?

This Sherwin Williams T-shirt uses a logo that seems awfully familiar …. Dilution? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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No nominative fair use or dilution dismissals if plaintiff pleads the elements?

Valley Forge Military Academy Found. v. Valley Forge Old Guard, Inc., No. 09–2373, 2014 WL 2476115 (E.D. Pa. Jun. 2, 2014) Nominative fair use doesn’t have to work this badly, guys! Valley Forge Military Academy Foundation operates the Valley Forge … Continue reading

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(pot)head of liability: Hershey’s sues marijuana candy producer

Here’s the story.  I’ve been waiting for this for years, ever since a NYT story that included similar illustrations.  As with e-cigarettes, an unregulated field full of small players tends to have a lot of playing fast and loose with … Continue reading

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Reading list: TM/false advertising surveys

Trademark and Deceptive Advertising Surveys: Law, Science, and Design (ed. Shari Seidman Diamond & Jerre B. Swann, 2012): A collection of essays surveying various aspects of the law and offering the authors’ opinions on those aspects.  Of particular note: Itmar … Continue reading

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