Category Archives: Uncategorized

TM scholars’ roundtable, part 4

Posted on March 24, 2017 by rtushnet

Research directions in Trademark Law 2017-2018 Discussants:    Bill McGeveran: History of scholarly productivity coming 1-2 years after the roundtables as seeds germinated.  Agenda-setting: boundary issues and registration.  Territorial/product dimensions; the consumers; design—picking up on something already in the air, but … Continue reading →

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TM Scholars’ roundtable part 3

Posted on March 24, 2017 by rtushnet

Fame, Reputation and “Well-Known-ness” Mark Janis: is fame something distinguishable from distinctiveness, or is it merely the highest degree of distinctiveness?  Possible topics: dilution thresholds v. well-known marks thresholds.  Coach v. Triumph, Fed. Cir., Coach handbags and Coach tutoring services. … Continue reading →

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TM scholars’ roundtable part 2

Posted on March 23, 2017 by rtushnet

Session 2: Proxies for Distinctiveness; Proving Distinctiveness (and Secondary meaning); Strength of a Mark Do current doctrinal tests properly assess actual consumer reaction to purported marks? What is and should be the role of consumer surveys in proving secondary meaning … Continue reading →

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TM scholars’ roundtable

Posted on March 23, 2017 by rtushnet

Ninth Trademark Scholars Roundtable: Distinctiveness, Secondary Meaning, Reputation And Fame Chicago-Kent College of Law Session 1:       Distinctiveness (including Secondary Meaning) as a Legal Concept Introduction:   Barton Beebe: different approaches. Any general claims about distinctiveness must take into account: eligibility for … Continue reading →

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IP writing competition for Virginia law students/law students from Virginia

Posted on March 23, 2017 by rtushnet

INTELLECTUAL PROPERTY LAW STUDENT WRITING COMPETITION (2017) Sponsored by the Virginia State Bar Intellectual Property Law Section The Virginia State Bar Intellectual Property Law Section is seeking papers written by law students who are attending law school in Virginia or … Continue reading →

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Reading list: a credit card nudge that seemed to work

Posted on March 23, 2017 by rtushnet

The power of light-touch financial education: A demonstration with credit card revolvers JAN 19, 2017 Can simple guidelines, or rules to live by, help consumers reduce their credit card debt? Can they be useful as a financial education tool? The … Continue reading →

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Reading list: new governors of online speech

Posted on March 22, 2017 by rtushnet

Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online Speech Harvard Law Review, Forthcoming Abstract Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that … Continue reading →

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Iconic movie scene allows copyright but not TM claim against multimedia installation

Posted on March 22, 2017 by rtushnet

Harold Lloyd Entertainment, Inc. v. Moment Factory One, Inc., No. LA CV15-01556, 2015 WL 12765142 (C.D. Cal. Oct. 29, 2015)| Another blast for the past—I would really like to know more about the Westclip algorithm, but I can’t complain too … Continue reading →

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Marketing method and display are functional, nondistinctive trade dress

Posted on March 22, 2017 by rtushnet

AMID, Inc. v. Medic Alert Found. U.S. Inc., No. H-16-1137 (S.D. Tex. Mar. 16, 2017) American Medical ID (AMID) sued MedicAlert Foundation United States for trade dress and copyright infringement. The parties compete in the market for medical-identification jewelry. One … Continue reading →

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Who’s responsible for allegedly false, concealed endorsement deals?

Posted on March 20, 2017 by rtushnet

Woodard v. Labrada, 2017 WL 1018307, — F. Supp. 3d —, No. 16-00189 (C.D. Cal. Mar. 10, 2017) I discussed this case before.  Woodard alleged misrepresentations about the effectiveness of weight loss supplements, specifically the Labrada Garcinia Cambogia Dual Action … Continue reading →

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