Category Archives: Uncategorized

Leval on fair use

At a talk today (should be posted in about a week), Judge Leval gave a beautiful explanation of why good faith/bad faith shouldn’t matter to fair use. Boiled down and stripped of its eloquence: (1) A publisher should be able … Continue reading

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allowing TM to be used to describe a different entity could be literally false lawyer advertising

Rosenbaum & Associates, P.C. v. Morgan & Morgan, 2018 WL 1768050, No. 17-4250 (E.D. Pa. Apr. 12, 2018) Rosenbaum sued various Morgan defendants for false advertising of personal injury lawyering services in Philadelphia.  Defendants started advertising Morgan & Morgan’s personal … Continue reading

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TM scholars’ roundtable, part 5

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading

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TM scholars’ roundtable, part 4

Session 2, Cont’d Mid-Point Discussants:                       Mike Grynberg Belmora may do very little.  But: Belmora may be bad if it discards important checks, one of which might be territoriality.  Another idea: arguably undermines systematicity of TM, its existence as an … Continue reading

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TM Scholars’ roundtable, part 3

Session 2:  The Policy and Doctrine of Unfair Competition Claims Introduction:  Jake Linford: Hoping for a sharper line b/t UC and TM, much as we have a relatively sharp statutory line b/t TM infringement and dilution to the extent we … Continue reading

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TM scholars’ roundtable, part 2

Session 1, Cont’d Mid-Point Discussants:                       Stacey Dogan: pre-20th c, very few cases of claims based on noncompeting goods, and even fewer with actual harm stories.  Can be characterized as chance or as the functions of the markets of the day, … Continue reading

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TM Scholars’ roundtable, part 1

Trademark Scholars’ Roundtable, 10th year! Session 1:  The Distinction Between Trademark and Unfair Competition Law Introduction:   Mark McKenna: Until mid 20th c, could have said that TM and UC were distinct legal claims that vindicated the same right; thus … Continue reading

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