Category Archives: dilution

New article: More than a Feeling: Emotion and the First Amendment

Posted on May 16, 2014 by rtushnet

127 Harv. L. Rev. (forthcoming 2014). Abstract: First Amendment law has generally been leery of government attempts to change the marketplace of emotions—except when it has not been. Scientific evidence indicates that emotion and rationality are not opposed, as the … Continue reading →

Posted in commercial speech, defamation, dilution, disclosures, first amendment, my writings, trademark | Leave a comment

eCigarette advertising: past is prologue

Posted on April 23, 2014 by rtushnet

Smithsonian National Museum of American History Dr. Robert Jackler, “Freedom to Vape”: Unregulated Exuberance in Electronic Cigarette Advertising (Dr. Jackler is talking to FDA and to Congress about the same issues on his trip to the East Coast) Note: I’m … Continue reading →

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

What makes a fee-worthy dilution claim?

Posted on March 10, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, 2014 WL 793090,  No. 10-cv-01398 (D. Colo. Feb. 27, 2014) Some of the more recent opinions from this hard-fought case in which plaintiff won its false advertising claims but lost trademark claims.  We … Continue reading →

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

HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

Posted on February 17, 2014 by rtushnet

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading →

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

WIPIP: First Amendment

Posted on February 8, 2014 by rtushnet

Session 2: First Amendment T.J. Chiang, George Mason University Patents and the First Amendment Patents on methods of communication: why isn’t this a 1A problem?  Similar to ©: can prevent other people from saying what they want to say, how … Continue reading →

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

The Cadillac of nominative fair use questions

Posted on January 6, 2014 by rtushnet

Check out the tagline for this Thermador ad: “The Swiss Army Knife® for the Culinary Obsessive.”  In the mouseprint footnote, there’s a link to the Thermador website and the statement “® Swiss Army is a registered trademark of Victorinox AG … Continue reading →

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possible profit recovery means TM case continues

Posted on January 2, 2014 by rtushnet

It’s a 10, Inc. v. Beauty Elite Group, Inc., 2013 WL 6834804, No. 13–60154 (S.D. Fla. Dec. 23, 2013) Previous discussion.  Plaintiff sells It’s a 10 Miracle Leave in Product for hair: Defendant’s directly competing product was allegedly confusingly similar … Continue reading →

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Trademark twofer

Posted on December 12, 2013 by rtushnet

Kettler Capitals Iceplex ad, courtesy of Zach Schrag: After Charbucks, is the Kettler Klassic dilutive? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Dilution is more than association: but what more?

Posted on December 5, 2013 by rtushnet

The ECJ recently ruled on dilution as a ground for refusing registration. Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (OHIM), November 14, 2013 (Case C-383/12 P).  If this is taken seriously, I can’t imagine how anyone … Continue reading →

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Bike humor

Posted on November 27, 2013 by rtushnet

Via Bikearlington on Twitter.  Hardly-Davidson “Born to be Mild” strikes me as a pretty good parody. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, parody, trademark | Leave a comment