Category Archives: trademark

Photo finish: allegedly unauthorized (c) sublicensing isn’t false designation of origin

Photographic Illustrators Corp. v. Orgill, Inc., 2015 WL 4572296, No. 14-11818 (D. Mass. July 29, 2015)   PIC specializes in commercial photography.  It took photos of lighting fixtures manufactured by nonparty OSI.  Defendants Orgill and Farm & City Supply distribute … Continue reading

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Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015)   Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to … Continue reading

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No silver bullet for innovator in bullion market

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading

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Amicus supporting rehearing in MTM v. Amazon

IP Professors, with excellent assistance from Cathy Gellis. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Limiting remedies when a descriptive fair use defense fails

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading

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Transformative use of the day, Lululemon edition

I can’t wait to carry this bag around and watch the double-takes.  (Would also fit well on Welcome to Night Vale.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Somehow the Coke bottle survived this dilutive free riding

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over. Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you … Continue reading

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