Category Archives: trademark

Relevant to my interests: Jensen Ackles and the right of publicity

Posted on March 27, 2014 by rtushnet

It is a truth universally acknowledged that Jensen Ackles is a very attractive man.  So attractive that he tends to show up in a variety of advertising contexts that, I suspect, his agent does not know about.  Consider this example, … Continue reading →

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

Taco Bell endorsed by Ronald McDonalds

Posted on March 27, 2014 by rtushnet

H/T Deborah Gerhardt. Via AdAge: Ronald McDonald loves Taco Bell’s breakfast. That’s what Taco Bell is saying in its campaign introducing its biggest menu rollout yet. The Mexican food chain located a slew of actual Ronald McDonalds and got them … Continue reading →

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use of an established mark as false advertising

Posted on March 26, 2014 by rtushnet

Topek, LLC v. W.H. Silverstein, Inc., No. 12–cv–494, 2014 WL 1124311, 2014 DNH 060 (D.N.H. Mar. 20, 2014) This colorful business dispute caught my eye because “false advertising through use of a trademark” cases are so rare, and this opinion … Continue reading →

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show me how you do that trick: magic performance copyrightable, infringed

Posted on March 24, 2014 by rtushnet

Teller v. Dogge, No. 12-cv-00591 (D. Nev. Mar. 20, 2014) Teller sued Dogge for infringement in two YouTube videos offering to sell the secret to a signature Teller illusion, Shadows.  This illusion consists of a spotlight trained on a vase … Continue reading →

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infringement can occur even if consumers don’t remember it

Posted on March 20, 2014 by rtushnet

Beastie Boys v. Monster Energy Co., No. 12 Civ. 6065 (SDNY Mar. 18, 2014) The Beastie Boys sued for copyright infringement and trademark infringement based on Monster’s allegedly unauthorized use of Beastie Boys music to accompany a video promoting a … Continue reading →

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Copyright infringement doesn’t violate the Lanham Act

Posted on March 18, 2014 by rtushnet

Masck v. Sports Illustrated, No. 13-10226 (E.D. Mich. Mar. 10, 2014) Previous discussion, in which I got exercised about the court’s misapplication of Dastar, herein corrected.  Masck took an “iconic” photo of defendant Desmond Howard, running for a touchdown during … Continue reading →

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

Texas anti-SLAPP law doesn’t protect lawyer’s ads

Posted on March 14, 2014 by rtushnet

NCDR, L.L.C. v. Mauze & Bagby, P.L.L.C., 2014 WL 941049, — F.3d —- (5th Cir. Mar. 11, 2014) M&B, a Texas law firm, solicited former dental patients from plaintiff Kool Smiles’ dental clinics as potential clients.  Allegedly, “M&B ran television, … Continue reading →

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

Uncertainty over trade dress triggered insurer’s duty to defend

Posted on March 14, 2014 by rtushnet

Bridge Metal Indus., LLC v. The Travelers Indemnity Co., No. 11–4228, 2014 WL 928876 (2d Cir. Mar. 11, 2014) The court of appeals affirmed the district court decision finding trade dress to be “title” for purposes of an advertising injury … Continue reading →

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Competitor that operates review website not protected by 230

Posted on March 14, 2014 by rtushnet

Moving & Storage, Inc. v. Panayotov, No. 12–12262, 2014 WL 949830 (D. Mass. Mar. 12, 2014) Here’s one of the §230 situations that fascinates me.  Defendants operate a moving company review website, MyMovingReviews.com … and their own moving company.  The … Continue reading →

Posted in 230, copyright, http://schemas.google.com/blogger/2008/kind#post, tortious interference, trademark | Leave a comment

IP in the UK

Posted on March 11, 2014 by rtushnet

Sir Robin Jacob, Daniel Alexander QC, and Matthew Fisher, Guidebook to Intellectual Property (6th ed.): With dry humor, this book surveys British IP law for nonlawyers/business student types.  I’m not in a position to comment too much on substance.  In … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, patent, reading list, trade secrets, trademark | Leave a comment