Category Archives: trademark

Trademark scholars roundtable: roles for the consumer in TM

Posted on June 29, 2015 by rtushnet

Seventh Trademark Scholars Roundtable: The Construction of the Consumer in Trade Mark Law   Session 1: Roles for the Consumer in Trade Mark Law What role does the “consumer” (whether “average” or “reasonable” or otherwise) play in trade mark law? … Continue reading →

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claim of "improved" version of competitor’s product not likely to confuse

Posted on June 29, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., 63 F.Supp.3d 149 (D. Mass. 2014)   Arborjet sued Rainbow over an alleged breach of a sales agency agreement and won a preliminary injunction.  Arborjet makes insect and pest control products for … Continue reading →

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London TM finds, food edition

Posted on June 26, 2015 by rtushnet

“It’s All About the Base” pizza ad Chocolate boxes  More chocolate boxes For the last one, compare this story from Australia about another chocolatier. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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London visit, TM and cultural property edition

Posted on June 26, 2015 by rtushnet

All of This Belongs to You sign at the V&A Museum: cultural patrimony (though often of other cultures …)  English Milky Way, apparently caramel-less, and Yorkie (note the Yorkie’s offer of Man Prizes, which I can only assume are … Continue reading →

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visiting London: TM edition

Posted on June 25, 2015 by rtushnet

The band Camel Anathema, with a familiar font and presentation Spex in the City TK Maxx, aka TJ Maxx, apparently renamed in the UK to avoid conflict with retailer TJ Hughes http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Court throws shade on TM claimant’s naked licensing

Posted on June 18, 2015 by rtushnet

Amscan Inc. v. Shutter Shades, Inc., No. 13-CV-1112 (S.D.N.Y. Apr. 30, 3015)   Plaintiff Party City is a party goods retailer, and plaintiff Amscan makes party goods that it distributes to many retail outlets, including Party City.  Defendant Shutter Shades … Continue reading →

Posted in design patent, trademark | 1 Comment

Amicus brief in Slep-Tone about scope of Dastar

Posted on June 18, 2015 by rtushnet

Belatedly, I also participated in this amicus brief in Slep-Tone v. Canton Phoenix, now on appeal in the 9th Circuit, about an attempt to make an end run around lack of copyright ownership to assert trademark claims instead.  Thanks to … Continue reading →

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Seventh Circuit engages in target practice on descriptive fair use

Posted on June 15, 2015 by rtushnet

Sorensen v. WD-40 Co., No. 14-3067, 2015 BL 184918 (7th Cir. June 11, 2015)   The Seventh Circuit continues its pattern of telling district judges just to eyeball cases in the expectation that they’ll be good enough to get it … Continue reading →

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In which I sue the government

Posted on June 12, 2015 by rtushnet

So, remember when ICE held a press conference and claimed that disparaging a mark constituted counterfeiting?  I ended up filing a FOIA request to figure out under what circumstances ICE took this position, and since it was denied, I am … Continue reading →

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Student athletes lose another right of publicity claim

Posted on June 11, 2015 by rtushnet

Marshall v. ESPN Inc., No. 14-01945 (M.D. Tenn. Jun. 4, 2015)   Current and former student athletes who played NCAA football or basketball sued college conferences, networks, and licensors for violating their rights of publicity and foreclosing them from the … Continue reading →

Posted in commercial speech, right of publicity, trademark | Leave a comment