Category Archives: trademark

court enjoins company’s claim to be another company’s founder

Posted on July 2, 2014 by rtushnet

Galvotec Alloys, Inc. v. Gaus Anodes Intern., LLC, 2014 WL 2918581, No. 7:13–CV–664 (S.D. Tex. June 26, 2014) Galvotec was founded in 1984 by Rogelio Garza and brothers Luis Miguel and Ramon Galvan. Gaus was founded in 2005 by a … Continue reading →

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

Court applies Lexmark to TM case, in the alternative

Posted on July 2, 2014 by rtushnet

Ahmed v. Hosting.com, 2014 WL 2925292, Nos. 13–13117, 14–10026 (D. Mass. June 27, 2014) This isn’t a difficult case, but it represents the first move towards applying Lexmark to §43(a) in its entirety.  Only time will tell whether this will … Continue reading →

Posted in procedure, trademark | Leave a comment

Hockey or coffee?

Posted on June 30, 2014 by rtushnet

How about this “Hockey Mom” shirt in Starbucks style? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, trademark | Leave a comment

Paint or baseball?

Posted on June 30, 2014 by rtushnet

This Sherwin Williams T-shirt uses a logo that seems awfully familiar …. Dilution? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in dilution, trademark | Leave a comment

Website statements aren’t trade dress for insurance purposes

Posted on June 27, 2014 by rtushnet

Test Masters Educational Services, Inc. v. State Farm Lloyds, 2014 WL 2854536, No. H–13–1706 (S.D. Tex. June 23, 2014) Test Masters offers test prep services.  It was involved in a series of lawsuits by and against third party competitor Singh.  … Continue reading →

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

Nonprofit’s former chapter has false advertising, not TM, claims against parent

Posted on June 25, 2014 by rtushnet

Alzheimer’s Disease Resource Center, Inc. v. Alzheimer’s Disease and Related Disorders Association, Inc. 981 F. Supp. 2d 153 (E.D.N.Y. 2013) Plaintiff ADRC is the former Long Island chapter of defendant Association, dedicated to fighting Alzheimer’s.  In 1998, the parties entered … Continue reading →

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

More pondering on the relationship between sec. 2 and sec. 43

Posted on June 24, 2014 by rtushnet

One question from last week’s TTAB REDSKINS decision concerns the effect on §43 if the §2 cancellation is upheld.  Mark McKenna has argued that, if we took history seriously, there should be no effect, because unfair competition historically covered lots … Continue reading →

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

Something fishy about this trademark claim?

Posted on June 20, 2014 by rtushnet

GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014 WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014) I’m not really interested in the law in this personal jurisdiction case, finding that there’s no personal jurisdiction in plaintiff’s home … Continue reading →

Posted in trademark | Leave a comment

Washington’s football team registrations cancelled

Posted on June 18, 2014 by rtushnet

If you didn’t get the link from five other places, here it is.  (It turns out that today was a bad day to wear shorts to the office; it’s not the best outfit for being interviewed by a suited TV … Continue reading →

Posted in trademark | Leave a comment

infringement isn’t disparagement for advertising injury purposes

Posted on June 16, 2014 by rtushnet

Hartford Casualty Ins. Co. v. Swift Distribution, Inc., No. S207172, 2014 WL 2609753 (Cal. June 12, 2014) The California Supreme Court here provides a relatively rare state court interpretation of the scope of an advertising-related insurance policy.  Hartford insured Swift … Continue reading →

Posted in disparagement, insurance, trademark | Leave a comment