Category Archives: trademark

unauthorized photo use doesn’t create false advertising claim for photo owners

Posted on November 5, 2014 by rtushnet

Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g., Match.com, Chemistry.com, and OkCupid.com).  … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, preemption, right of publicity, standing, trademark | Leave a comment

The nominative/descriptive line

Posted on October 30, 2014 by rtushnet

I love ads like this, which play with trademark meaning and non-trademark meaning: how should the law analyze them? “Rekindle your love of beautiful books” ad for print books http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Can’t replead TM as false advertising when functionality precludes TM

Posted on October 30, 2014 by rtushnet

Honeywell International Inc. v. ICM Controls Corp., 2014 WL 5438395, No. 11–569 (D. Minn. Oct. 24, 2014) This litigation involves claims for patent infringement, copyright infringement, violations of the Lanham Act, and violations of the Uniform Deceptive Trade Practices Act … Continue reading →

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Just in time for Halloween: this should make TM owners shiver

Posted on October 29, 2014 by rtushnet

The Ninth Circuit is not kidding about not presuming irreparable harm in trademark cases. Titaness Light Shop, LLC v. Sunlight Supply, Inc., No. 13-16959 (9th Cir. Oct. 9, 2014) Sunlight uses “Titan Controls” for devices that control indoor gardening equipment. … Continue reading →

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TM, advertising claims excluded from LivingSocial’s arbitration agreement

Posted on October 27, 2014 by rtushnet

Faegin, v. LivingSocial, Inc., No. 14cv00418, 2014 WL 5307186 (S.D. Cal. Oct. 15, 2014) Plaintiffs (A.T. Your Service Cleaning and Janitorial) sued defendants for trademark infringement and related business torts.  ATYS is a cleaning service in San Diego.  LivingSocial is … Continue reading →

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Empirical IP Research Conference: TM counterfeiting

Posted on October 24, 2014 by rtushnet

Trademark breakout session #2: Counterfeiting and Its Effect on the Market for the Genuine Article Facilitator: Scott Hemphill (Columbia; Visiting Professor, NYU) Why we care: innovation policy; enforcement policy.  Debate over magnitude: 10s of billions, 100s of billions in the … Continue reading →

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Empirical IP Research Conference: trademarks

Posted on October 24, 2014 by rtushnet

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 →

Posted in dilution, google, http://schemas.google.com/blogger/2008/kind#post, presentations, reading list, surveys, trademark | Leave a comment

likely confusion is irreparable after eBay

Posted on October 16, 2014 by rtushnet

CFE Racing Products, Inc. v. BMF Wheels, Inc., 2 F. Supp. 3d 1029 (E.D. Mich. 2014) The jury found trademark infringement but no damages and no intentional infringement.  What should happen with requested injunctive relief?  Here, the court finds irreparable … Continue reading →

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NFL Films protected by First Amendment against players’ right of publicity claims

Posted on October 14, 2014 by rtushnet

Dryer v. National Football League, No. 09-2182 (D. Minn. Oct. 10, 2014) There are two alternatives when it comes to the right of publicity, it seems to me.  Either we will limp along with a special rule for video games … Continue reading →

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post, preemption, right of publicity, trademark | Leave a comment

AU trademark works in progress day 2

Posted on October 11, 2014 by rtushnet

Dan Hunter (with Irene Calboli), Trademark Proliferation Concerns about too many marks.  They’re extremely weak as a result.  It’s easy to get a descriptive mark on the primary register w/o secondary meaning.  Also: many “marks” don’t seem distinctive as to … Continue reading →

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