Category Archives: trademark

AU TM works in progress part 2

Posted on October 10, 2014 by rtushnet

Cathay Smith, Immoral Trademarks Abusive challenges: Dykes on Bikes, Squeezebloodfromturnips.com (opposer was angry because he was getting calls from the collection agency that was the applicant); Adultfriendfinder (opposer was a pastor who objected that the applicant was connecting men with … Continue reading →

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3rd Annual Trademark Works in Progress event at AU

Posted on October 10, 2014 by rtushnet

Charles Colman, Trademark Law and the Prickly Ambivalence of Post-Parodies: The way that people play with trademarks that companies have deliberately infused with atmospherics, per Jessica Litman, and to which people have predictable emotional responses.  TM doesn’t have good ways … Continue reading →

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Court declines to apply Lexmark to TM

Posted on October 8, 2014 by rtushnet

Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., 2014 WL 4843674, No. 8:10–CV–365 (D. Neb. Sept. 29, 2014) This is a default so it’s just what the court decided to examine with respect to the facts; nonetheless there … Continue reading →

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How to analyze fame on the pleadings

Posted on October 8, 2014 by rtushnet

Leapers, Inc. v. SMTS, LCC,  2014 WL 4964376, No. 14–CV–12290 (E.D. Mich. Oct. 3, 2014) Leapers alleged trade dress rights “in the distinctive scalloping design applied to the adjustment knobs and bells of its rifle scopes and/or sights” which were … Continue reading →

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Phantom trademark of the Opera: Dastar bars Slep-Tone’s claim

Posted on October 3, 2014 by rtushnet

(There are a lot of Slep-Tone cases floating out around there. I like this one.) Slep-Tone Entertainment Corp. v. Canton Phoenix Inc., 3:14-cv-00764 (D. Or. Sept. 4, 2014) (magistrate judge) Slep-Tone, a maker of karaoke CDs, alleged that defendants (a … Continue reading →

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CFP: INTA trademark scholarship symposium

Posted on October 3, 2014 by rtushnet

Call For Papers: Sixth Annual INTA Trademark Scholarship Symposium The International Trademark Association (“INTA”) is pleased to host the Sixth Annual Trademark Scholarship Symposium during the 137th INTA Annual Meeting in San Diego, California. The Symposium will take place on … Continue reading →

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statements to regulators aren’t commercial advertising

Posted on October 3, 2014 by rtushnet

Presby Environmental, Inc. v. Advanced Drainage Systems, Inc., No. 13–cv–355, 2014 WL 4922986 (D.N.H. Sept. 30, 2014) Presby sued ADS, a competitor in the septic system product market, for allegedly violating a settlement agreement; I’m only going to address the … Continue reading →

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EFF investigates keylogger software, finds false advertising

Posted on October 1, 2014 by rtushnet

From its report on ComputerCOP: In investigating ComputerCOP, we also discovered misleading marketing material, including a letter of endorsement purportedly from the U.S. Department of Treasury, which has now issued a fraud alert over the document. ComputerCOP further claims an … Continue reading →

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Stay away from Juliet: keyword infringement and dilution case continues

Posted on September 30, 2014 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I, LLC, No. 08-CV-442, 2014 BL 263647 (S.D.N.Y. Sept. 23, 2014) A keyword case gets past the pleading stage (though the worst part is the dilution ruling).  The parties compete in … Continue reading →

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selling a book without authorization doesn’t violate Lanham Act

Posted on September 29, 2014 by rtushnet

Smith v. BarnesandNoble.com, LLC, No. 1:12-cv-04374, 2014 BL 263099 (S.D.N.Y. Sept. 23, 2014) Smith wrote a book, Hardscrabble. He contracted with Smashwords, an online ebook distributor, to sell his book. Smashwords distributed Smith’s book to its retail partners, including B&N, … Continue reading →

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