Category Archives: trademark

defamation via Twitter, TM infringement via LinkedIn

Posted on November 18, 2013 by rtushnet

AvePoint, Inc. v. Power Tools, Inc., 2013 WL 5963034, No. 7:13CV00035 (W.D. Va. Nov. 7, 2013) AvePoint sued Power Tools (aka Axceler) and Burns (Axceler’s regional VP of sales for Western North America) for defamation, breach of contract, trademark infringement, … Continue reading →

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It’s a cookbook!

Posted on November 18, 2013 by rtushnet

50 Shades of Chicken.  (If you got the title of my post, you are my people.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Some days Starbucks gets the bear, some days the bear gets Starbucks

Posted on November 15, 2013 by rtushnet

Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., No. 12‐364‐cv (2d Cir. Nov. 15, 2013) The district court found that defendant’s Mister Charbucks and Charbucks Blend coffee wasn’t likely to dilute Starbucks’ mark. The court of appeals affirmed on the third … Continue reading →

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Law in an Age of Disruptive Technology, Georgetown Law Journal Symposium

Posted on November 8, 2013 by rtushnet

3D Printing  Moderated by Rebecca Tushnet • Georgetown University Law Center Deven R. Desai & Gerard N. Magliocca, Patents, Meet Napster:  3D Printing and the Digitization of Things Deven Desai is a law professor at the Thomas Jefferson School of … Continue reading →

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Maxim suffers from max delay

Posted on November 7, 2013 by rtushnet

Alpha Media Group, Inc. v. Corad Healthcare, Inc., No. 13 Civ. 5438, 2013 WL 5912227 (S.D.N.Y. Nov. 4, 2013) AMG, which publishes Maximmagazine, sought to enjoin Corad from marketing a Maxim antiperspirant.  Maximis the core of a “lifestyle” brand featuring … Continue reading →

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Can’t use your phone on your Delta flight? Blame trademark licensing!

Posted on November 6, 2013 by rtushnet

Slate reports on the fact that many Delta-branded planes aren’t really Delta planes, but operated by lower-paid carriers, and thus not yet allowed to let passengers keep their electronic devices on during takeoff and landing.  This pattern is likely to … Continue reading →

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Soul man is sad man

Posted on November 1, 2013 by rtushnet

Moore v. Weinstein Co., LLC, No.12-5715 (6th Cir. Oct. 31, 2013) Sam Moore, half of the music duo Sam & Dave sued a number of defendants related to the 2008 fim Soul Man and its accompanying soundtrack.  The court of … Continue reading →

Posted in dilution, first amendment, right of publicity, trademark | Leave a comment

Versace embraces counterfeit style

Posted on October 28, 2013 by rtushnet

Versace’s collaboration with M.I.A. (since this kind of co-branding is now “collaboration”–some interesting work could be done on the double meaning there) involves copying counterfeit styles themselves copying Versace.  Some images here, not that I could recognize what makes them either … Continue reading →

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photos can be false by necessary implication

Posted on October 17, 2013 by rtushnet

Veve v. Corporan, No. 12–1073 (GAG), 2013 WL 5603263 (D.P.R.| Oct. 11, 2013) Plaintiffs Veve and his business Batey Zipline Adventure sued defendants, Corporan and Atabey Eco Tours, for trademark infringement, trade dress infringement, false advertisement, and product disparagement.  They … Continue reading →

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Lanham Act and ACPA damages not dischargeable in bankruptcy

Posted on October 15, 2013 by rtushnet

In re Butler (Skydive Arizona, Inc. v. Butler), Bkcy. No. 11–40930, No. 11–4037, 2013 WL 5591922 (N.D. Ca. Sept. 9, 2013) Here, the debtor was unable to discharge his liability for violation of ACPA, trademark infringement, and false advertising, because … Continue reading →

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