Category Archives: trademark

Trademark Scholars Roundtable, part 2

Posted on February 28, 2014 by rtushnet

Session 2: The Product Market Dimension Robert Burrell: why do we treat territorial and product markets so differently? In the UK there was never any Q that nationwide protection was going to be the result of registration.  Always understood to … Continue reading →

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Trademark Scholars Roundtable

Posted on February 28, 2014 by rtushnet

Sixth Trademark Scholars Roundtable: The Territorial and Product Market Dimensions of Trademark Law, UT Austin Session 1: The Territorial/Geographic Market Dimension Graeme Dinwoodie: territoriality is becoming more important in reconciling local and global markets. Lionel Bently: Geographic localism used to … Continue reading →

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Dividing the spoils: soured Afghan deal brings TM, CFAA claims

Posted on February 24, 2014 by rtushnet

Global Fleet Sales, LLC v. Delunas, 2014 WL 634075, No. 12–15471 (E.D. Mich., Feb. 18, 2014) “This dispute arises out of the pursuit of business opportunities in the Islamic Republic of Afghanistan in the wake of the NATO campaign against … Continue reading →

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British villains, by which we mean Marvel’s Loki etc.

Posted on February 21, 2014 by rtushnet

So what are the trademark implications of the Jaguar ads starring three British actors who tout their credentials as film villains?  Any copyright implications, since they’re evoking some of their characters?  The disclaimers don’t say a word about the franchises … Continue reading →

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Image advertising is commercial speech

Posted on February 20, 2014 by rtushnet

Jordan v. Jewel Food Stores, Inc. — F.3d —-, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and Lanham Act claims, and … Continue reading →

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HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

Posted on February 17, 2014 by rtushnet

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading →

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Trademark licensor must be joined even when plaintiff is exclusive licensee

Posted on February 13, 2014 by rtushnet

Aceto Corporation v. TherapeuticsMD, Inc., 953 F. Supp. 2d 1269 (S.D. Fla. 2013) Aceto sells various pharmaceutical/nutritional ingredients and other chemicals.  Defendants allegedly make and sell a line of prenatal vitamins, Prena1, that violate Aceto’s exclusive US rights to a … Continue reading →

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WIPIP: IP theory

Posted on February 9, 2014 by rtushnet

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard.  Wikileaks ran through cash reserves in less than a year and suspended publication.  … Continue reading →

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Transformative work of the day?

Posted on February 8, 2014 by rtushnet

Jane Perkins makes collage art from found objects.  How should we think about the copyright, TM, and right of publicity implications of these: See more at these links and the artist’s site, where a print of the latter is available. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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The ecstasy of influence

Posted on February 8, 2014 by rtushnet

The Way We Live Now by David Brooks, by Jody Rosen.  Violation of the moral right of attribution?  Does this flunk Rogers v. Grimaldi?  Is it protected against trademark claims anyway?  Transformative work of the day? (Maybe not. I’ve got another … Continue reading →

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