Category Archives: trademark

competitor can challenge allegedly confusing use of certifier’s TM

Posted on December 6, 2013 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2013 WL 6234598, No. RDB–12–2568 (D. Md. Nov. 13, 2013) I’m only discussing the Lanham Act claims, but there are many other claims in this case.  First Data and SecurityMetrics generally sit … Continue reading →

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9th Circuit resoundingly rejects presumption of irreparable harm in Lanham Act cases

Posted on December 5, 2013 by rtushnet

Herb Reed Enterprises, LLC v. Florida Entertainment Opinion Management, Inc., No. 12-16868 (9th Cir. Dec. 2, 2013) Fascinating to have this case come out just as I’m teaching remedies in my trademark class.  The casebook (Ginsburg et al.) is hanging … Continue reading →

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Dilution is more than association: but what more?

Posted on December 5, 2013 by rtushnet

The ECJ recently ruled on dilution as a ground for refusing registration. Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market (OHIM), November 14, 2013 (Case C-383/12 P).  If this is taken seriously, I can’t imagine how anyone … Continue reading →

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A song about big data

Posted on December 4, 2013 by rtushnet

Vienna Teng’s Hymn of Acxiom (bonus trademark question included). leave your life open. you don’t have to hide. someone is gathering every crumb you drop, these (mindless decisions and) moments you long forgot. keep them all. … is that wrong?isn’t … Continue reading →

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eBay seller loses gray goods case

Posted on December 2, 2013 by rtushnet

Bose Corporation v. Ejaz, No. 12-2403 (1st Cir. Oct. 4, 2013)  Bose won summary judgment on its breach of contract and trademark claims against Ejaz, who sold home theater systems made by Bose for use in the US to other … Continue reading →

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distributor’s switch to direct sourcing leads to Lanham Act claim

Posted on December 2, 2013 by rtushnet

Alpha Pro Tech, Inc. v. VWR Intern. LLC, No. 12–1615, 2013 WL 6179065 (E.D. Pa. Nov. 26, 2013) One way to tell the story of this complaint: company decides to outsource production of a flagship product to China, gets burned … Continue reading →

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Bike humor

Posted on November 27, 2013 by rtushnet

Via Bikearlington on Twitter.  Hardly-Davidson “Born to be Mild” strikes me as a pretty good parody. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Posner likes trademarks, hates surveys

Posted on November 22, 2013 by rtushnet

Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., No. 13‐2559 (7th Cir. Nov. 14, 2013) This is a classic Posner trademark opinion, with a combination of skepticism and credulity (about his favored theory of trademark) whose … Continue reading →

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possible internet, eBay sales into US insufficient for jurisdiction

Posted on November 19, 2013 by rtushnet

Gibson Brands Inc. v. Viacom Intern. Inc., 2013 WL 5940826, No. CV 12–10870 (C.D. Cal. Nov. 5, 2013) Gibson sued Viacom and JHS over a ukulele bearing the image of SpongeBob Squarepants formed in a V shape that allegedly infringed … Continue reading →

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I’m at io9

Posted on November 19, 2013 by rtushnet

I did Ask a Law Professor Your Questions about Fan Fiction and Mash-ups at io9 yesterday. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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