Category Archives: Uncategorized

Little Tree, big TM claim

Posted on August 30, 2016 by rtushnet

Mike Masnick wrote basically the post I’d want to about Car Freshner’s latest attempt to suppress anyone from using tree-shaped products that smell like trees–you know, descriptive use.  I too find the functionality claim interesting and on its face strong, … Continue reading →

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Trader Joe’s can go after Canadian reseller in US because harm to goodwill is so easy to allege

Posted on August 29, 2016 by rtushnet

Trader Joe’s Co. v. Hallatt, No. 14-35035, 2016 WL 4488009, — F.3d – (9th Cir. Aug. 26, 2016) Hallatt buys Trader Joe’s-branded goods in Washington state, transports them to Canada, and resells them there in Pirate Joe’s, a store he … Continue reading →

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laches period won’t run before false advertising claimant suffers harm

Posted on August 29, 2016 by rtushnet

Star-Brite Distributing, Inc. v. Gold Eagle Co., 2016 WL 4470093, No. 14-61841-CIV (S.D. Fla. Jan. 25, 2016) The parties compete in the market for marine fuel additives.  Star-Brite argued that Gold Eagle’s false advertising counterclaim was barred by laches; the … Continue reading →

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NY false advertising law lacks rigid false/misleading distinction

Posted on August 25, 2016 by rtushnet

Classic Liquor Importers, Ltd. v. Spirits International B.V., — F. Supp. 3d —-, 2016 WL 4419457, No. 15 Civ. 6503  (S.D.N.Y. 2016) Classic Liquor is a newcomer to the liquor business that recently launched a line of vodkas under the … Continue reading →

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Pictures from Canada

Posted on August 25, 2016 by rtushnet

Canada, like many other countries, considers “taking unfair advantage” of a trademark to be a distinct problem, making it less favorable to parody and other uses than the U.S. as a matter of formal law.  What difference does that make … Continue reading →

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Inconceivable: allegedly made-up price comparison allows consumer suit

Posted on August 25, 2016 by rtushnet

Chester v. TJX Cos., 2016 WL 4414768, No 5:15-cv-01437 (C.D. Cal. Aug. 18, 2016) When an opinion begins with the quote, “You keep using that word. I don’t think it means what you think it means,” it’s not going to … Continue reading →

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Cthulhu the functional?

Posted on August 19, 2016 by rtushnet

Jake Linford has recently expounded in detail about the descriptive or even functional characteristics of certain sounds, making certain “coined” words more useful in marketing.  Here’s a great example from Michael Saler, As If: Modern Enchantment and the Literary Prehistory … Continue reading →

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Fashion weak: fashion show fails to enjoin New York Fashion Week name

Posted on August 18, 2016 by rtushnet

Fashion Week, Inc. v. Council of Fashion Designers of America, Inc., 2016 WL 4367990, No. 16-cv-5079 (S.D.N.Y. Aug. 12, 2016) FWI sued CFDA for trademark dilution, unfair competition and false designation of origin, and trademark infringement based on use of … Continue reading →

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Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff’s life

Posted on August 18, 2016 by rtushnet

Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016) Sophia Eggleston alleged that her self-characterization in her 2009 memoir The Hidden Hand was the uncredited inspiration for the character Loretha “Cookie” Lyon on the FOX television … Continue reading →

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6th Circuit rejects college players’ Lanham Act, ROP claims

Posted on August 17, 2016 by rtushnet

Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) Plaintiffs claimed that, as college football and basketball players, they had publicity rights in their names and images as used in TV broadcasts.  “Whether referees, assistant coaches, and perhaps even … Continue reading →

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