Category Archives: trademark

Transformative work of the day, Power Rangers edition

Posted on February 24, 2015 by rtushnet

Words I never thought I’d type: Katee Sackhoff and James van der Beek star in a short fan film of the Mighty Morphin Power Rangers, all grown up, called Power/Rangers.  NB: the producer calls this his “Bootleg Series.” http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Trademark/right of publicity questions of the day

Posted on February 23, 2015 by rtushnet

Via Mycokerewards: Do the referenced bands have any claims against Coke, assuming this was done without permission?  Does New Kids apply to a promotional site like Mycokerewards?  Do the comparisons/food jokes suffice for transformativeness? Coke’s “vote for your favorite food-inspired … Continue reading →

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Transformative work of the day, superhero edition

Posted on February 18, 2015 by rtushnet

Superhero keyboard skin, via Deborah Gerhardt.  There’s only one problem with it (hint: check out the W).  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Misappropriating goodwill of abandoned mark is false advertising

Posted on February 17, 2015 by rtushnet

ITEX Corp. v. Global Links Corp., No. 2:14–cv–00057, 2015 WL 557067 (D. Nev. Feb. 11, 2015)   A false advertising theory might not work in every case of a new entity adopting an abandoned mark, but it proved fruitful for … Continue reading →

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returned goods sold as new were infringing, false advertising

Posted on February 13, 2015 by rtushnet

RFA Brands, LLC v. Beauvais, No. 13–14615, 2014 WL 7780975 (E.D. Mich. Dec. 23, 2014)   Plaintiffs make various electronics and accessories, with various registered marks. They use the same warehouse to distribute their products, which is in Commerce Township, … Continue reading →

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Allegations of trademark "theft" falsifiable; other epithets puffery

Posted on February 13, 2015 by rtushnet

Candyland, Inc. v. Cornfields, Inc., No. 14-3119 (D. Minn. Feb. 5, 2015)   Candyland, which sells popcorn, candy, and chocolate, sued Cornfields and Snyder’s Lance for trademark infringement and unfair competition based on their use of the mark Chicago Mix.  … Continue reading →

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fake reviews actionable; unflattering comparison not

Posted on February 11, 2015 by rtushnet

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2015 WL 476287, No. CV 14–03954 (C.D. Cal. Feb. 5, 2015)   The parties compete in the market for home blenders.  Homeland makes the Bullet line, and Euro-Pro makes the Nutri Ninja Pro.  … Continue reading →

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Shore loser: "shorebilly" mark invalid for fraud

Posted on February 10, 2015 by rtushnet

Teal Bay Alliances, LLC v. Southbound One, Inc., 2015 WL 401251 (D. Md. Jan. 26, 2015)   It’s never good to have the court’s first sentence describe a plaintiff’s claims as “specious claims that—as exposed once the evidence was tested … Continue reading →

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Another keyword defendant victory, among other tort claims

Posted on February 10, 2015 by rtushnet

M-Edge Accessories LLC v. Amazon.com Inc., 2015 WL 403164,  No. MJG–11–3332 (D. Md. Jan. 29, 2015)   M-Edge started selling Kindle accessories soon after the Kindle was released. The parties’ relationship began well, but began to sour by 2011. M-Edge … Continue reading →

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No TM or false advertising claims without use of mark in US commerce

Posted on February 9, 2015 by rtushnet

Belmora LLC v. Bayer Consumer Care AG, No.  1:14-cv-00847 (E.D. Va. Feb. 6, 2015)   Territoriality lives!  Belmora sells an OTC pain relief product, Flanax, in the US with a similar trade dress to, and capitalizing on the good will … Continue reading →

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