Category Archives: trademark

Amicus supporting rehearing in MTM v. Amazon

IP Professors, with excellent assistance from Cathy Gellis.

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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.)

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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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ISHTIP at Penn, part 9

Session 6 | Josh Sarnoff (DePaul University), Moderator   In Search of a Trade Mark: Search practices and Bureaucratic Poetry Jose Bellido and Hyo Yoon Kang (University of Kent, UK) Commentator | Amanda Scardamaglia (Swinburne Law School)   Enhanced searching: … Continue reading

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First Circuit lifts injunction requiring D’s use of (R) for P’s mark

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., — F.3d —-, 2015 WL 4366624, No. 14–23241 (1st Cir. July 16, 2015) (Souter, J., sitting by designation)   The district court granted a preliminary injunction based on a contractual violation, but … Continue reading

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Dastar-barred claims can’t be repled as false advertising claims

Friedman v. Zimmer, No. 15-502 (C.D. Cal. Jul. 10, 2015)   Richard Friedman sued Hans Zimmer and others, alleging that the score to 12 Years a Slaveinfringed his copyright to a composition, To Our Fallen.  Friedman also alleged violation of … Continue reading

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Quote of the day: on trademark harm

Ralph Sharp Brown knew his stuff with respect to trademark theories of harm that go beyond lost sales: “Judge Frank has already pointed out that the defendant ought to have an opportunity to prove that he will not harm the … Continue reading

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Trademark scholars roundtable: the consumer in different contexts

Session 3:  The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade … Continue reading

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Trademark scholars roundtable: establishing the features of the consumer

Session 2: Establishing the Features of the Consumer   The UK courts have in recent years been quite explicit that the consumer is a normative construct, a fiction, and a benchmark. What does this mean? Does the modifier “average” or … Continue reading

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