Category Archives: trademark

intent to abandon isn’t enough for abandonment, 9th Circuit rules

Posted on May 7, 2014 by rtushnet

Wells Fargo & Co. v. ABD Ins. & Financial Services, Inc., — F.3d —, 2014 WL 806385 (9th Cir. Mar. 3, 2014) (don’t know how I missed this in March, but catching up now) Opinion below denying a preliminary injunction … Continue reading →

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Bait and switch advertising isn’t TM infringement

Posted on April 30, 2014 by rtushnet

Sussman-Automatic Corp. v. Spa World Corp., — F. Supp. 2d —, 2014 WL 1651953 (E.D.N.Y. Apr. 25, 2014) Sussman sued Spa World and its principals for bait-and-switch advertising. They allegedly purported to sell Sussman’s “Mr. Steam” steam shower and spa … Continue reading →

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eCigarette advertising: past is prologue

Posted on April 23, 2014 by rtushnet

Smithsonian National Museum of American History Dr. Robert Jackler, “Freedom to Vape”: Unregulated Exuberance in Electronic Cigarette Advertising (Dr. Jackler is talking to FDA and to Congress about the same issues on his trip to the East Coast) Note: I’m … Continue reading →

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dig if you will the picture

Posted on April 14, 2014 by rtushnet

Bold Rock bottle in green Rolling Rock bottle Rolling Rock and Bold Rock.  Too bold? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Phone resale not infringing even when reseller defaults

Posted on April 10, 2014 by rtushnet

T–Mobile USA, Inc. v. Chong, 2014 WL 1350896, No. C13–29 (W.D. Wash. Apr. 4, 2014) T-Mobile moved for the second time for default judgment; the court only granted it in part, though giving T-Mobile what it wanted in the form … Continue reading →

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Uber alles except unfair competition

Posted on April 9, 2014 by rtushnet

I predict that Mark Lemley will not like this decision but that Mark McKenna will. Boston Cab Dispatch, Inc. v. Uber Technologies, Inc., 2014 WL 1338148 No. 13–10769 (D. Mass. Mar. 27, 2014) Plaintiffs sued Uber for false advertising, unfair … Continue reading →

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using metatags/buying AdWords isn’t trademark use

Posted on April 9, 2014 by rtushnet

Radiancy, Inc. v. Viatek Consumer Products Group, Inc., 2014 WL 1318374, No. 13–cv–3767 (S.D.N.Y. Apr. 1, 2014) And now for a different result on the pleading standards for affirmative defenses!  Among the many arguments in this case, Viatek raised unclean … Continue reading →

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Next Great Copyright Act Conference, quasi-copyright

Posted on April 4, 2014 by rtushnet

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading →

Posted in cmi, contracts, copyright, drm, http://schemas.google.com/blogger/2008/kind#post, music, preemption, presentations, right of publicity, trademark | Leave a comment

The PTO for children

Posted on April 1, 2014 by rtushnet

I recently attended an event at which the PTO had a children’s booth.  Highlights from the Oct. 2012 Trademark Activity Book we received: The PTO has Kleenex and Band-Aid’s back against the threat of genericity. The PTO is not worried … Continue reading →

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TM issues, you get what you pay for edition

Posted on April 1, 2014 by rtushnet

Marty Schwimmer reports on the Orthodox Jewish Congregations’ lawsuit against Urban Tortilla for the latter’s new U-in-a-circle logo. Schwimmer continues that Urban Tortilla paid $299 for its logo, from a contest among designers.  (See also: continuing immiseration of many creative … Continue reading →

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