Category Archives: trademark

Needs more facts: insufficient allegations of dissemination doom Lanham Act claim

Posted on August 13, 2014 by rtushnet

SB Diversified Prods., Inc. v. Murchison, No. 12cv2328, 2014 WL 3894353 (S.D. Cal. July 28, 2014) Previous opinion discussed here.  SB sued Murchison for false advertising and unfair competition, claiming that Murchison, a competitor in the squirrel trap market, made … Continue reading →

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Product disparagement as trademark dilution?

Posted on August 11, 2014 by rtushnet

Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc., 2014 WL 3850072, No. 13–12553 (D. Mass. Aug. 4, 2014) This is mostly a false advertising case, but stick around for the weird dilution ruling.  The parties compete in the market for bowel … Continue reading →

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IPSC part 10: hodgepodge

Posted on August 8, 2014 by rtushnet

Sixth Breakout Session The Patented Design Sarah Burstein What should the patented design cover?  Require the design to be applied to a particular product, and signal that in the name/title.  That better respects First Amendment concerns, notice function of patents, … Continue reading →

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IPSC part 6: copyright/TM enforcement

Posted on August 8, 2014 by rtushnet

Fourth Breakout Session Copyright and Trademark Enforcement Do ‘Groundless Threats’ Statutes Curtail IP Over-Enforcement? William Gallagher Research interest: how disputes are negotiated and resolved outside of court, as most legal disputes are.  Studying it qualitatively, based on interviews w/lawyers and … Continue reading →

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IPSC part 2: trademark theory

Posted on August 7, 2014 by rtushnet

1st Breakout Session: Trademark Theory Harms, Benefits, and Justifications in Trademark Law Stacey Dogan © and patent are often considered to be about incentives (getting benefits), but TM law in the general view is about preventing harm/misinformation, at least in … Continue reading →

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bait and switch as both false advertising and trademark infringement

Posted on August 6, 2014 by rtushnet

ADT LLC v. Vision Security, LLC, 2014 WL 3764152, No. 13–8119 (S.D. Fla. July 30, 2014) ADT competes with Security Networks to sell alarm systems.  Vision Security is an agent of Security Networks; it doesn’t manufacture alarm systems, but instead … Continue reading →

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Use of mark on product isn’t "ad" for insurance purposes

Posted on August 6, 2014 by rtushnet

Crum & Forster Specialty Ins. Co. v. Willowood USA, LLC, No. 6:13–cv–01923, 2014 WL 3797673 (D. Or. Aug. 1, 2014) Willowood was sued for trademark infringement and related causes of action by a former licensor, and sought insurance coverage.  The … Continue reading →

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false advertising about design in the absence of secondary meaning?

Posted on July 31, 2014 by rtushnet

Brian Lichtenberg, LLC v. Alex & Chloe, Inc., No. CV 13–06837, 2014 WL 3698317 (C.D. Cal. July 25, 2014) Brian Lichtenberg (Brian) designs clothing and accessories, including parodies of designer brands, such as “Homiès” as a play on “Hermès” and … Continue reading →

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court says Lexmark doesn’t change trademark harm standard

Posted on July 28, 2014 by rtushnet

Reynolds Consumer Prods. Inc. v. Handi-Foil Corp., No. 1:13–CV–214, 2014 WL 3615853 (E.D. Va. July 18, 2014) A jury found Handi-Foil liable for willful infringement of Reynolds’ unregistered trade dress, but in favor of Handi-Foil on all other accounts (including … Continue reading →

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FTC announces settlement with "official" ticket seller that wasn’t

Posted on July 24, 2014 by rtushnet

Details at the FTC’s site.  I was interested in this because usually the FTC leaves alone cases in which a business victim is a likely plaintiff; it makes sense to use government resources to go after defendants who otherwise would … Continue reading →

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