Category Archives: trademark

Transformative use of the day: Washington’s football team edition

Posted on January 23, 2015 by rtushnet

This ad uses footage of Washington’s team to make the point that its racially inflammatory name and mascot are unnecessary.  Consider the TM and copyright implications! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Lexmark applies to false association, not just false advertising

Posted on January 15, 2015 by rtushnet

International Foundation of Employee Ben. Plans, Inc. v. Cottrell, No. WDQ–14–1269, 2015 WL 127839 (D. Md. Jan. 7, 2015)   IFEBP sued Cottrel, d/b/a HR Vantage, for false advertising, trademark infringement, and related claims.  IFEBP is a nonprofit that trains … Continue reading →

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Interpretation of alleged relabeling agreement is for jury

Posted on January 15, 2015 by rtushnet

Ecore International, Inc., v. Downey, No. 12–2729, 2015 WL 127316 (E.D. Pa. Jan. 7, 2015)   Ecore makes recycled rubber flooring; defendants allegedly relabeled and resold Ecore’s goods as its own.  Downey owns an engineering consulting company that provided consulting … Continue reading →

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Passing off claim is subject to Rule 9(b) but passes

Posted on January 14, 2015 by rtushnet

Medscript Pharmacy, LLC v.My Script, LLC, LLC, No. 14 C 0469, 2015 WL 149062 (N.D. Ill. Jan. 12, 2015)   The complaint alleged that Medscript was a Professional Compounding Centers of America (PCCA) certified compounding pharmacy, while defendants are compounding … Continue reading →

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Pop quiz, hotshot

Posted on January 14, 2015 by rtushnet

Who authorized the following promo? “Winter is Coming” NHL/Reebok promo, seen on subway Alternatively: the NHL and Reebok can take it, but they don’t want to dish it out: NHL/Reebok trademark statements on ad http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Art objects and trademark infringement

Posted on January 14, 2015 by rtushnet

Anthony Antonellis creates art objects/sculptures with bottles of Poland Spring water and knockoff wristbands.  Nestle objects, claiming likely confusion.  What is the appropriate test?  Rogers or something else?  Antonellis is looking for a pro bono lawyer. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Lost goodwill isn’t irreparable harm without comprehensive effect on overall business

Posted on January 7, 2015 by rtushnet

Via Sarah Burstein:   Worldwide Diamond Trademark S, Ltd., v. Blue Nile, Inc., No. 14-cv-03521 (S.D.N.Y. Nov. 6, 2014)   Worldwide sought a preliminary injunction in its patent and trade dress lawsuit against Blue Nile for allegedly copying its Hearts … Continue reading →

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False endorsement analyzed as explicit v. implicit falsity

Posted on January 6, 2015 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2014 WL 7409537, No. RDB–12–2568 (D. Md. Dec. 30, 2014)   Earlier ruling excluding false endorsement survey.  Even earlier ruling allowing false endorsement theory to proceed.   This “contentious” case involved a … Continue reading →

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claims about patent might be misleading if on-sale bar clearly applied

Posted on January 6, 2015 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., 25 F. Supp. 3d 170 (D. Mass. 2014)   Bern, which sells sports helmets, sued six competing helmet makers.  It initially sued for design patent infringement, but dropped that claim and switched to trade … Continue reading →

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Is "following" on Twitter endorsement?

Posted on January 2, 2015 by rtushnet

If William Shatner is right, does Twitter have a false endorsement/right of publicity problem when it puts sponsored accounts into celebrities’ “following” lists, even with a disclaimer?  Does Twitter’s ToS do enough to insulate it from such claims?  Via +truthinadvertising.org … Continue reading →

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