Category Archives: Uncategorized

Lexmark harm requirement reopens gap between registered and unregistered TM infringement

Posted on January 3, 2017 by rtushnet

UHS of Delaware, Inc. v. United Health Services, Inc., 2016 WL 7474801, No. 12-CV-485 (M.D. Pa. Dec. 29, 2016) If other courts follow this logic, this could be big.  Plaintiff UHS Delaware sued United Health Services, Inc., and related defendants … Continue reading →

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Extraterritorial conduct isn’t relevant to laches, but clear house mark defeats counterfeiting charge

Posted on January 3, 2017 by rtushnet

Gibson Brands, Inc. v. John Hornby Skewes & Co. Ltd., No. CV 14-00609, 2016 WL 7479317 (C.D. Cal. Dec. 29, 2016) Gibson sued JHS for infringement of its trade dress rights in guitar body shapes.  The court first rejected JHS’s … Continue reading →

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Contracts can last longer than headaches: 1990 consent decree bars comparisons today

Posted on December 30, 2016 by rtushnet

Pfizer Inc. v. McNeil-PPC, Inc., 183 F. Supp. 3d 491 (S.D.N.Y. 2016) A twenty-six-year-old consent decree resolving false advertising claims bans certain comparisons between Advil (Pfizer) and Tylenol (McNeil). Several years after the decree’s entry, Pfizer introduced Advil products designed … Continue reading →

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Does this image evoke the Starbucks logo?

Posted on December 23, 2016 by rtushnet

Circles and colors and coffee: is that enough for dilution?   from Blogger http://ift.tt/2i2CJyt

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Hamilton, the gift that keeps on giving …

Posted on December 23, 2016 by rtushnet

Apparently this shirt is available at Ash Lawn, Monroe’s home.  I desperately want one: Young man I’m from Virginia, so watch your mouth Too short a phrase for copyright? from Blogger http://ift.tt/2hjUJot

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MOB receives early Xmas present: 2d Circuit affirms LV’s loss

Posted on December 22, 2016 by rtushnet

Louis Vuitton Malletier S.A. v. My Other Bag, Inc., 16-241-cv (2d. Cir. Dec. 22, 2016) Contrary to my expectations for the Second Circuit, this is a quick summary affirmance—testament to Judge Furman’s careful reasoning below (which one would hope supports … Continue reading →

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Update on my suit against ICE

Posted on December 21, 2016 by rtushnet

Today my lawyer Michael Kirkpatrick had oral argument before Judge Cooper of the DDC.  One of the highlights, for me, was the government’s lawyer’s concession that he couldn’t imagine a situation in which “Yankees Suck” would be counterfeit or infringing. … Continue reading →

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kefir confusion: court finds definition of little-known product to be up for grabs

Posted on December 20, 2016 by rtushnet

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336722, — F. Supp. 3d – (C.D. Cal. Nov. 17, 2016) Before the case was dismissed on statute of limitations/laches grounds, the court denied a preliminary injunction. Lifeway … Continue reading →

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Court finds Lanham Act laches on the pleadings given p’s delay

Posted on December 20, 2016 by rtushnet

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading →

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The NYT on Frederik Colting’s latest endeavor

Posted on December 19, 2016 by rtushnet

I’m quoted in the story, though not in full–I think this is a very hard case that could go either way.  One real issue is whether the kiddie versions take any more of the expression of the works than a … Continue reading →

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