Category Archives: trademark

possible profit recovery means TM case continues

Posted on January 2, 2014 by rtushnet

It’s a 10, Inc. v. Beauty Elite Group, Inc., 2013 WL 6834804, No. 13–60154 (S.D. Fla. Dec. 23, 2013) Previous discussion.  Plaintiff sells It’s a 10 Miracle Leave in Product for hair: Defendant’s directly competing product was allegedly confusingly similar … Continue reading →

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Sleep Number no more: false advertising but not TM claims get TRO

Posted on January 1, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc.,  No. 13–2451, 2013 WL 6767821 (D. Minn. Dec. 23, 2013) Select Comfort, which sells Sleep Number/Select Comfort mattresses, sought a TRO against Mattress Firm (one of the defendants), a mattress retailer that … Continue reading →

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House brands in Australia

Posted on December 20, 2013 by rtushnet

The IP Whiteboard has an interesting series of posts on house brands imitating national brand trade dress in Australia, including pictures.  I also didn’t know about JP Morgan’s “Bitcoin-like” patent application. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Firm that refers instead of represents might be falsely advertising

Posted on December 19, 2013 by rtushnet

Larry Pitt & Associates v. Lundy Law, LLP, No. 13–2398, 2013 WL 6536739 (E.D. Pa. Dec. 13, 2013) The parties compete to represent clients in the greater Philadelphia area, primarily in the fields of “small personal injury, social security disability, … Continue reading →

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Leading survey questions

Posted on December 19, 2013 by rtushnet

A recent Australian case, Adidas v. Pacific Brands Footwear, included some comments on a standard TM survey question. I find the judge’s point quite provocative; I wonder whether American judges might agree: [R]elated to my first reason for giving the survey … Continue reading →

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Domain names in the news: political scandal edition

Posted on December 18, 2013 by rtushnet

Christie Official At Center Of Probe Bought Domain Names Of Governor’s Political Opponents, via Firedoglake.  ACPA problem? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Descriptive or nominative?

Posted on December 17, 2013 by rtushnet

I like clever ads that play both on trademark and non-trademark meaning, but I always wonder if our defenses are sufficient to accommodate them: I saw no indication on the ad that Walmart sought permission for this use of “Apples” … Continue reading →

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Trademark twofer

Posted on December 12, 2013 by rtushnet

Kettler Capitals Iceplex ad, courtesy of Zach Schrag: After Charbucks, is the Kettler Klassic dilutive? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Trader Joe’s versus HT Traders from Harris Teeter

Posted on December 9, 2013 by rtushnet

//www.youtube.com/get_player Is this evidence of confusion? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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TM infringement no matter how dissimilar the marks?

Posted on December 9, 2013 by rtushnet

Surface Supplied, Inc. v. Kirby Morgan Dive Systems, Inc., No. C 13–0575, 2013 WL 6354244 (N.D. Cal. Dec. 5, 2013) Sometimes I think Iqbal/Twomblyis for people who don’t own trademarks.  Here, Kirby Morgan sought to amend its counterclaims for trademark … Continue reading →

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