Category Archives: trademark

falsely claiming continued TM ownership leads to liability

Posted on January 21, 2014 by rtushnet

C=HOLDINGS B.V. v. Asiarim Corp., 2013 WL 6987165, No. 12 Civ. 928 (S.D.N.Y. Dec. 16, 2013) C= sued Asiarim for infringement of Commodore trademarks (“a brand long associated with the 8–bit gaming computer popular in the early 1980s”) and related … Continue reading →

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trademark licensing and apparent agency

Posted on January 14, 2014 by rtushnet

Pullman v. Alpha Media Publishing, Inc., No. 12–CV–1924, 2013 WL 1290409 (S.D.N.Y. Jan. 11, 2013) (magistrate judge) Another old one coughed up by Westlaw.  Interesting to me because of Maxim’s litigation based on its desire to license its brand in … Continue reading →

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keyword purchase supports unfair competition verdict

Posted on January 13, 2014 by rtushnet

Chow v. Chak Yam Chau, — Fed.Appx. —-, 2014 WL 92094, No. 12–15994 (11th Cir. Jan. 10, 2014) Michael Chow credits himself with introducing “high-end Chinese cuisine in a fine dining setting to the west” through the “Mr Chow” restaurants … Continue reading →

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time to shell out for an IP lawyer

Posted on January 13, 2014 by rtushnet

You can’t say Pom’s owners aren’t willing to pick a fight (or a fruit or nut). Also via Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Hedging and bullying in trademark

Posted on January 13, 2014 by rtushnet

Chicago State University attempts to intimidate a faculty blog into not identifying itself properly, using trademark law as its bullying tool/justification.  This takes a turn for the silly as the university now objects to a picture of CSU hedges, trimmed … Continue reading →

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Trademark strategy question of the day

Posted on January 10, 2014 by rtushnet

MLA Subconference is “an independent and evolving group of graduate students in the humanities who are interested in creating a new kind of conference environment, in order to propose alternative professional, social, and political possibilities for ourselves and our peers.” … Continue reading →

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Olympic rectangles?

Posted on January 9, 2014 by rtushnet

Picture from nearby skating rink So, does the configuration of shirts sufficiently replicate the 5-ring symbol to trigger the protections found in US law? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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the trademark joke is a tricky beast

Posted on January 8, 2014 by rtushnet

For example: Me: Hi I’d like some cocaine please Dealer: is pepsicane ok? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Guest post: Betsy Rosenblatt on the case of Sherlock Holmes’ two lives

Posted on January 6, 2014 by rtushnet

Klinger v. Conan Doyle Estate, Ltd., No. 13-cv-01226 (N.D. Ill. Dec. 23, 2013)   I’m going to turn this over to Betsy Rosenblatt, current colleague/head of the legal committee of the Organization for Transformative Works and Assistant Professor of Law/Director, Center … Continue reading →

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The Cadillac of nominative fair use questions

Posted on January 6, 2014 by rtushnet

Check out the tagline for this Thermador ad: “The Swiss Army Knife® for the Culinary Obsessive.”  In the mouseprint footnote, there’s a link to the Thermador website and the statement “® Swiss Army is a registered trademark of Victorinox AG … Continue reading →

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