Category Archives: Uncategorized

Fee award justified in case involving fraud on the PTO

Amusement Art, LLC v. Life is Beautiful, LLC, 2017 WL 2259672, No. 2-14-cv-08290 (C.D. Cal. May 23, 2017) Initial ruling discussed here.  Defendant LIB hosts the Life is Beautiful festival in Las Vegas, Nevada—an annual event that features music, art, … Continue reading

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high-tech look can’t fool reasonable consumers about orthotics

Kommer v. Bayer Consumer Health, — F.Supp.3d —-, 2017 WL 2231162, 16 Civ. 1560 (S.D.N.Y. May 18, 2017) Bayer sells Dr. Scholl’s foot care products, including the Dr. Scholl’s Custom Fit Orthotics Inserts. In many stores, they are sold alongside … Continue reading

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A box size whopper? Slack fill claims for candy continue

Bratton v. Hershey Co., 2017 WL 2126864, No. 16–cv–4322 (W.D. Mo. May 16, 2017) Bratton sued over alleged slack fill in Reese’s Pieces and Whoppers candy boxes.  He alleged that: Consumers spend an average of 13 seconds making an in-store … Continue reading

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Suing for false advertising as abuse of process

Bobrick Washroom Equipment, Inc. v. Scranton Products, Inc., 2017 WL 2126320, No. 14-CV-00853 (M.D. Pa. May 16, 2017) In May 2014 SP sued Bobrick, alleging that it “carefully orchestrated a campaign to scare architects, product specifiers, procurement representatives, building owners, … Continue reading

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coffee cup lid trade dress survives functionality challenge

If I have the right image of the defendant’s coffee cup lid, this is a good example of the difficulties separating scope from validity: the challenged design is noticeably different from the registered design, and it seems to me that … Continue reading

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Reading list: Shakespeare’s literary disputes

Bonus points for beginning with a great Hamlet quote (the best use of which I ever saw was a production that arranged the scenes so that when Hamlet disparages what he’s reading as “words, words, words” he is reading his … Continue reading

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New article: fixing incontestability

With apologies to John Welch, who hates the term. Fixing Incontestability: The Next Frontier? Boston University journal of Science and Technology Law, Forthcoming Abstract Incontestability is a nearly unique feature of American trademark law, with a unique American implementation. The … Continue reading

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