Category Archives: trademark

Trademark exceptionalism wins another round in Maryland

Posted on July 24, 2014 by rtushnet

Hershey Co. v. Friends of Steve Hershey, 2014 WL 3571691, No. WDQ–14–1825 (D. Md. July 17, 2014) Thanks to prodding from Eric Goldman for me to blog about it, here’s a case where we learn that the only constraint on … Continue reading →

Posted in first amendment, trademark | Leave a comment

regulating TM owner’s confusing use of TM doesn’t violate First Amendment

Posted on July 23, 2014 by rtushnet

AEP Texas Comm. & Indus. Retail Ltd. P’ship v. Public Util. Comm’n, 2014 WL 3558763, No. 03–13–00358–CV, — S.W.3d – (Tex. Ct. App. July 17, 2014) A complicated regulatory background is the setting for this case about the evidence required … Continue reading →

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

FTC goes after misleading certification mark

Posted on July 22, 2014 by rtushnet

Here’s some discussion of the FTC’s complaint from the FTC itself, with a link to the proposed settlement.  Unsurprising takeaway: If you purport to certify products as “Made in the USA,” it is a good idea to do some verification … Continue reading →

Posted in ftc, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

trademark beats copyright at surviving motion to dismiss

Posted on July 21, 2014 by rtushnet

Gorski v. Gymboree Corp., 2014 WL 3533324,  No. 14-CV-01314 (N.D. Cal. July 16, 2014) Via Eric Goldman.  Gorski and Gymboree both make shirts that feature the phrase “lettuce turnip the beet.” Gorski sued for copyright and trademark infringement; Gorski owns … Continue reading →

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

Uber/under: false advertising and association claims against Uber continue

Posted on July 16, 2014 by rtushnet

Yellow Group LLC v. Uber Technologies Inc., No. 12 C 7967, 2014 WL 3396055 (N.D. Ill. July 10, 2014) Taxi medallion owners, taxi affiliations (taxi dispatch services), and livery service providers sued Uber, alleging that it competed unfairly by misrepresenting … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, standing, trademark | Leave a comment

When all you have is a Captain Hammer …

Posted on July 10, 2014 by rtushnet

The costumed performers who importune passersby in Times Square are not universally beloved.  Via the WSJ comes this suggestion for getting rid of them: State Sen. Brad Hoylman, whose district includes Times Square, said the companies that created the characters … Continue reading →

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

intent to use successful term in ads isn’t intent to confuse

Posted on July 7, 2014 by rtushnet

Overstock.com, Inc. v. Nomorerack.com, Inc., No. 2:13-CV-1095 (D. Utah June 30, 2014) Overstock sells a lot of stuff online: over one million products, with over six million customers last year. Nomorerack directly competes with Overstock, and has sold more than … Continue reading →

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Your daily unauthorized use

Posted on July 4, 2014 by rtushnet

Geisinger Medical Center is expanding.  Here’s one of the images of what the new version will look like: Okay, but who are those handsome devils (also in Slide 17 of the Geisinger slide show)? Could it be Sam and Dean … Continue reading →

Posted in right of publicity, trademark | Leave a comment

NY statutory law covers B2B false advertising, but common law unfair competition doesn’t

Posted on July 3, 2014 by rtushnet

Leason Ellis LLP v. Patent & Trademark Agency LLC, No. 13 CV 2880 (S.D.N.Y. July 2, 2014) Leason Ellis (of Trademark Blog fame) sued PTA for false advertising, unfair competition, deceptive business practices, and tortious interference with prospective economic relations. … Continue reading →

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

AU Gender/IP call for papers

Posted on July 2, 2014 by rtushnet

The Women and the Law Programand the Program on Information Justice & Intellectual Property American University Washington College of Law  Call for Papers: Eleventh Annual IP/Gender Symposium Save the Date: Friday February 27, 2015 This year, we will engage in a … Continue reading →

Posted in cfps, http://schemas.google.com/blogger/2008/kind#post, patent, trademark | Leave a comment