Category Archives: trademark

Pure mourning: Pom fails to get preliminary injunction again

Posted on August 12, 2015 by rtushnet

Pom Wonderful LLC v.  Pur Beverages LLC, No. 13-cv-06917 (C.D. Cal. Aug. 6, 2015)    Pom fares no better its second time around. Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy … Continue reading →

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Be very afraid: another court refuses to find irreparable harm despite confusion

Posted on August 11, 2015 by rtushnet

Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015)   Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading →

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Reading list: measuring sponsorship materiality

Posted on August 11, 2015 by rtushnet

Reading list: Matthew B. Kugler, Measuring Sponsorship Materiality.  Abstract:   The problem of sponsorship confusion is one of the most vexing in trademark law. Mark owners often claim that the use of their marks in movies or on merchandise will … Continue reading →

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7th Amendment provides jury right for TM profits as proxy for damages

Posted on August 10, 2015 by rtushnet

Black & Decker Corp. v. Positec USA Inc., — F.Supp.3d —-, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015   The parties compete to sell power tools.  B&D alleged that Positec infringed their patents and trademarks in the … Continue reading →

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Ad of the day: does Louboutin have a claim?

Posted on August 7, 2015 by rtushnet

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

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Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

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IPSC First Breakout Session, Trademark Registration

Posted on August 6, 2015 by rtushnet

Barton Beebe & Jeanne Fromer, New York University School of Law Is the Frontier Closing?: Registration Rates of Frequently Used Words on the PTO’s Trademark Register    Much of TM literature claims that the range of marks is infinite; Qualitex … Continue reading →

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Photo finish: allegedly unauthorized (c) sublicensing isn’t false designation of origin

Posted on August 3, 2015 by rtushnet

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015)   PIC specializes in commercial photography.  It took photos of lighting fixtures manufactured by nonparty OSI.  Defendants Orgill and Farm & City Supply distribute … Continue reading →

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Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

Posted on August 3, 2015 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015)   Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to … Continue reading →

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No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

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