Category Archives: trademark

Don’t start a competing business using your boss’s equipment

Posted on May 29, 2015 by rtushnet

Nedschroef Detroit Corp. v. Bemas Enterprises LLC, 2015 WL 2453511, No. 14–10095 (E.D. Mich. May 22, 2015)   Defendants Rigole and LePage were Nedschroef employees in Detroit who formed a competing company, Bemas, while still working for Nedschroef. Nedschroef makes … Continue reading →

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I intervene in SanMedica v. Amazon to disclose clickthroughs

Posted on May 26, 2015 by rtushnet

Kind of a busy day.  With the invaluable help of Public Citizen, I filed a motion to intervene and unseal in the SanMedica case, in which the court redacted the number of clickthroughs received by Amazon as a result of its … Continue reading →

Posted in first amendment, my lawsuits, trademark | 1 Comment

4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Posted on May 21, 2015 by rtushnet

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading →

Posted in commercial speech, dilution, first amendment, trademark | Leave a comment

Pop goes the lawsuit: "original" ice pop claim could be false advertising

Posted on May 20, 2015 by rtushnet

Conopco Inc. v. Wells Enterprises, Inc., No. 14 Civ. 2223, 2015 WL 2330115 (S.D.N.Y. May 13, 2015)   Wells makes the Bomb Pop, the first red-white-and-blue rocket-shaped ice pop sold in the US, created in 1955, and markets it as … Continue reading →

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His red (copy)right hand

Posted on May 20, 2015 by rtushnet

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. “He’ll rekindle all the dreams it took you a lifetime to destroy.” http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Prior proceedings: no confusion where defendant existed for 100 years

Posted on May 14, 2015 by rtushnet

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014)   Westlaw just coughed this one up and I … Continue reading →

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Hypo of the day, Denny’s edition

Posted on May 13, 2015 by rtushnet

This might require a bit of background.  Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tumblr and is trying to figure out how to make it profitable through advertising.  As a result, … Continue reading →

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NPR on The Slants, with appearance by me

Posted on May 9, 2015 by rtushnet

Link to the show is here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Answer unclear in Clearly beverage infringement case

Posted on May 8, 2015 by rtushnet

Clearly Food & Beverage Co. v. Top Shelf Beverages, Inc., No. C13–1763, 2015 WL 1926503 (W.D. Wash. Apr. 28, 2015)   Plaintiff Clearly Food owns, by a 2012 assignment from the defunct Clearly Canadian corporation, a registration for Clearly Canadian … Continue reading →

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Eco-friendliness is functional; so is rustic look of burlap

Posted on May 4, 2015 by rtushnet

Farmgirl Flowers, Inc. v. Bloom That, Inc., No. 14-CV-05657, 2015 WL 1939424 (N.D. Cal. Apr. 28, 2015) Farmgirl, a San Francisco-based florist selling locally farmed arrangements, sought a preliminary injunction against competitor Bloom That prohibiting it from using burlap sack … Continue reading →

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