Category Archives: trademark

Failure to allege agency relationship leads to fee award

Posted on October 11, 2013 by rtushnet

Anastasia Int’l, Inc. v. EM Online Pty Ltd., No. 13 Civ. 2919, 2013 WL 5550211 (S.D.N.Y. Oct. 4, 2013) Anastasia sued various defendants for trademark infringement and false advertising, along with related state torts.  Anastasia runs Anastasiadate.com, an “international dating … Continue reading →

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Trademarks as celebrities?

Posted on October 11, 2013 by rtushnet

Briefly noted, this advice from Fredrikson & Byron PA: “It can be a good thing to think of your trademarks as celebrities and of yourself as their agent, publicist, bodyguard and fan.”  I couldn’t disagree more (though I’m intrigued by … Continue reading →

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You know a survey’s been done badly

Posted on October 3, 2013 by rtushnet

… when it produces a negative net confusion rate. Water Pik, Inc. v. Med-Systems, Inc. No. 12-1065 (10thCir. Aug. 29, 2013) Highlights: when SinuCleanse, SinuSense, and NeilMed neti pot packages were shown to survey respondents, 29 of the 198 total … Continue reading →

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The political economy of zombies

Posted on October 3, 2013 by rtushnet

This essay on the new zombie genre has a great analysis of the IP of the zombie apocalypse in Colson Whitehead’s Zone One In Whitehead’s imagination, the forces that be – the remnants of the U.S. government still holding on … Continue reading →

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New treatise on fashion law

Posted on October 3, 2013 by rtushnet

Lois Herzeca and my former Debevoise colleague (now at Gibson Dunn) Howard Hogan have just released Fashion Law and Business: Brands & Retailers.  My blurb calls it an “accessible overview of key issues facing any fashion business, with case studies, … Continue reading →

Posted in advertising, design patent, http://schemas.google.com/blogger/2008/kind#post, reading list, trademark | Leave a comment