Category Archives: trademark

WIPIP, part 2, Session 3 Trademark

Posted on February 9, 2015 by rtushnet

Session 3, Trademark   Leah Chan Grinvald, Constructive Consent   Courts adopt as evidence of fame the number of users = strength = fame.  Example: the number of Flipboard users accepted by a court in October.  But that also is … Continue reading →

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WIPIP, Part 2, Session 2, Trademark

Posted on February 9, 2015 by rtushnet

Glynn Lunney, Inefficient Trademark Law   Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule.  Today: looks very different. What will it look like in 100 years—will … Continue reading →

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WIPIP Session 4, Cross-IP

Posted on February 6, 2015 by rtushnet

Mark Lemley (& Mark McKenna), Scope   Midnight in the Garden of Good & Evil copyright infringement case.  Court rejects invalidity claim: the photo has some creative elements.  So it has to go to a jury on infringement. But we … Continue reading →

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WIPIP Session 2: Trademark

Posted on February 6, 2015 by rtushnet

Jeremy Sheff, The Ragged Edge of the Lanham Act   Similar to Tushnet project; will focus on question about Lanham Act’s structuring of interface between PTO and federal courts.  Registrability v. enforceability: incontestability; §2(a) bars versus the common law—some of … Continue reading →

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WIPIP session 1: Trademark

Posted on February 6, 2015 by rtushnet

WIPIP Session 1: TM Deborah Gerhardt (& Jon McClanahan), Colors   20 years of Qualitex: who is registering color? How do marketing folks view color? People remember color images more accurately/longer than B&W; color cues amplify legibility and familiarity; send … Continue reading →

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Reading list: Craswell on sports team nicknames

Posted on February 3, 2015 by rtushnet

Richard Craswell, When Nicknames Were Crowd-Sourced ~ OR ~ How to Change a Team’s Nickname   Craswell is an excellent writer with an engaging topic even for a non-sports fan like me. Treat yourself to this short monograph.  Excerpt:   … Continue reading →

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Laches bars Fitbug’s TM claim against Fitbit

Posted on February 2, 2015 by rtushnet

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 350923, No. 13-1418 (N.D. Cal. Jan. 26, 2015)   Fitbit and Fitbug both make wearable electronic fitness tracking devices that connect to the internet and to other devices. They both have federal registrations. … Continue reading →

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Dastar doesn’t bar true reverse passing off claim

Posted on February 2, 2015 by rtushnet

Luxul Technology Inc. v. NectarLux, LLC, — F.Supp.3d —-, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015)   Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring. The parties contracted … Continue reading →

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Trademark overreach of the day: ICE says "Yankees Suck" infringes

Posted on January 31, 2015 by rtushnet

Your tax dollars at work, protecting America from infringing merchandise: I don’t have much brief for protecting counterfeits, but I find it hard to believe this is the best use of public resources: “Gross misspellings of superstars’ names are one … Continue reading →

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Distributor’s TM registration blocks manufacturer’s claim

Posted on January 26, 2015 by rtushnet

Mighty Enterprises, Inc. v. She Hong Indus. Co. Ltd., 2015 WL 276771, No. 2:14–cv–06516 (C.D. Cal. Jan. 22, 2015)   Mighty distributes and services heavy machinery. She Hong makes heavy machinery under the name “Hartford.” Mighty sued She Hong for … Continue reading →

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