Category Archives: trademark

Transformative work of the day, animal edition

Posted on March 10, 2015 by rtushnet

Hairy Otter, from an eagle-eyed (or is that otter-eyed) reader. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

None but Bob Marley’s heirs can free our minds

Posted on March 9, 2015 by rtushnet

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., — F.3d —-, 2015 WL 728031, No. 12–17502 (9th Cir. Feb. 20, 2015)   Despite being a plaintiff victory, there’s a fair amount in here that might hearten opponents of a generalized … Continue reading →

Posted in right of publicity, surveys, trademark | Leave a comment

You come at the queen, you best not miss: Oprah wins Own Your Power suit

Posted on March 6, 2015 by rtushnet

Kelly-Brown v. Winfrey, No. 11 cv 7875 (S.D.N.Y. Mar. 5. 2015)   Kelly-Brown and her company, Own Your Power Communications, Inc., sued Oprah Winfrey and related defendants, alleging that they unlawfully used plaintiffs’ “Own Your Power” trademark on the cover … Continue reading →

Posted in trademark | Leave a comment

Transformative use of the day, Vancouver edition

Posted on March 6, 2015 by rtushnet

Via an eagle-eyed friend. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Focus, Grasshopper: infringement isn’t false advertising

Posted on March 6, 2015 by rtushnet

Grasshopper Motorcycles, Ltd. v. Rivera, No. 14–cv–320, 2015 WL 853564 (W.D. Wis. Feb. 26, 2015) (magistrate judge)   Grasshopper sells a moon-shaped backrest designed to be attached behind the driver’s seat of a motorcycle. “Its 2013 sales were approximately $333,000, … Continue reading →

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

PTO descriptiveness finding inadmissible where court ruled mark suggestive

Posted on March 6, 2015 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2015 WL 871137, No. 08–11867 (E.D. Mich. Feb. 27, 2015)   Various evidentiary rulings in the latest round of this trademark/false advertising case over energy shots, the first of which presages what I expect … Continue reading →

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

Copying graffiti could infringe copyright and trademark

Posted on March 2, 2015 by rtushnet

Williams v. Roberto Cavalli S.p.A., No. 14-cv-06659 (C.D. Cal. Feb. 12, 2015)   Plaintiffs Jason Williams, Victor Chapa, and Jeffrey Rubin sued the producers and distributors of Just Cavalli clothing, alleging copyright infringement, removal and alteration of copyright information (CMI) … Continue reading →

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

Court misapplies FTDA, not TDRA, to political speech

Posted on March 2, 2015 by rtushnet

Hershey Co. v. Friends of Steve Hershey, 2015 WL 795841, No. WDQ–14–1825. (D. Md. Feb. 24, 2015)   Disappointing ruling on political speech and infringement now supplemented by flat-out wrong ruling on dilution.  Hershey sued the Friends of Steve Hershey … Continue reading →

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

AU IP/Gender Panel I: Women’s Leadership in Traditional Cultural Production

Posted on February 27, 2015 by rtushnet

Panel I: Community Structure and Women’s Leadership in Traditional Cultural Production Moderator – Margaret Chon, Seattle University School of Law   Helen Chuma Okoro, Nigerian Institute of Advanced Legal Studies (and CC Nigeria), Traditional Knowledge, Intellectual Property Protection, and Matriarchal … Continue reading →

Posted in copyright, geographic indications, http://schemas.google.com/blogger/2008/kind#post, trademark, traditional knowledge | Leave a comment

UDRP expenses count as injury for purposes of TM case

Posted on February 25, 2015 by rtushnet

Migliore & Associates, LLC v. Kentuckiana Reporters, LLC, No. 3:13–CV–315, 2015 WL 730058 (W.D. Ky. Feb. 19, 2015)   Note: a genuine pleasure to read! Thank you, Judge Heyburn. Migliore, a court reporter, sued Kentuckiana for trademark infringement and ACPA … Continue reading →

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