Category Archives: trademark

Form v. content in DMCA notices

Posted on March 11, 2014 by rtushnet

Still working on a long post on Garcia v. Google because ugh, but here I go on a side note: David Post has a post up, Why Google shouldn’t be the copyright court of last resort, which argues that Google … Continue reading →

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

Does a copyright notice serve as an endorsement?

Posted on March 11, 2014 by rtushnet

Basquiat Estate v. Christie’s, via the Trademark Blog. Plaintiffs allege ownership of the mark BASQUIAT and copyrights in Jean-Michel Basquiat’s artwork. The Estate formed an Authentication Committee to opine on the authenticity of works attributed to him. A collector who … Continue reading →

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Comparisons and copying of business model aren’t infringement or false advertising

Posted on March 10, 2014 by rtushnet

Garden Catering-Hamilton Avenue, LLC v. Wally’s Chicken Coop, LLC, 2014 WL 810821, No. 3:11cv1892 (D. Conn. Feb. 28, 2014) Garden Catering alleged that its former employee, Michael Natale, prepared to open a rival restaurant, Wally’s, while employed by Garden Catering, … Continue reading →

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Deference to the PTO’s acceptance of a specimen and tacking

Posted on March 10, 2014 by rtushnet

Reynolds Consumer Products, Inc. v. Handi-Foil Corp., 2014 WL 794277, No. 13-cv-214 (E.D. Va. Feb. 27, 2014) Reynolds sued Handi-Foil, its competitor in the market for aluminum foil, for trade dress infringement and false advertising.  Here, the court rejects Handi-Foil’s … Continue reading →

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What makes a fee-worthy dilution claim?

Posted on March 10, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, 2014 WL 793090,  No. 10-cv-01398 (D. Colo. Feb. 27, 2014) Some of the more recent opinions from this hard-fought case in which plaintiff won its false advertising claims but lost trademark claims.  We … Continue reading →

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

Slate on the branding of spelling (or the spelling of branding)

Posted on March 5, 2014 by rtushnet

Marketers address unusual and downright awful grammar and spelling choices in brand names.  Strange spelling may sometimes help memorability, a desired brand feature, but the law ignores bad spelling. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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The lost rights of Oz?

Posted on March 4, 2014 by rtushnet

We know from X One X that putting public domain images on a red sequined shoe would infringe Warner’s character copyright in movie Dorothy Gale.  How about this picture?  Any trademark issues? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Price claims are puffery, but fake Facebook page could be actionable

Posted on March 4, 2014 by rtushnet

Imagine Medispa, LLC v. Transformations, Inc., 2014 WL 770810, No. 2:13–26923 (S.D. W. Va. Feb. 26, 2014) The parties compete in the medical weight-loss and skin care industry, in overlapping geographic areas. Plaintiff David Rubio owns Imagine. Plaintiffs alleged that … Continue reading →

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

false comparative ads lead to profit disgorgement

Posted on March 3, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 10–cv–01398, 2014 WL 788015 (D. Colo. Feb. 27, 2014) The Rule 59(e) motion to amend judgment in this false advertising case was denied for want of clear error. The parties, General Steel … Continue reading →

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Trademark Scholars’ Roundtable part 3

Posted on March 1, 2014 by rtushnet

Session 3: Comparing The Two Dimensions Discussant:  Mark McKenna Why is it difficult to stick to product/geographic markets as a topic? Both dimensions have consumer-facing concerns (how will consumers actually understand the uses in different markets) and other considerations (practical … Continue reading →

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