Category Archives: Uncategorized

TM Scholars’ roundtable, part 6

Posted on June 10, 2016 by rtushnet

Research Directions Discussants:  Laura Heymann: What is the end of empirical work? Which of our legal principles are based on assumptions or are not meant to be connected to the Q of how consumers actually behave?  Lots of research about … Continue reading →

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TM/advertising question of the day, sexism edition

Posted on June 10, 2016 by rtushnet

This ad sparked a fair amount of outrage in the UK, especially when Protein World doubled down on its insistence that only certain bodies should be seen at the beach: “Are you beach body ready?” Protein WOrld weight loss ad … Continue reading →

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TM Scholars’ roundtable, part 5

Posted on June 10, 2016 by rtushnet

Session 3: Remedies In recent years, trademark scholarship has focused largely on questions of subject matter and scope, including much critical assessment of standards for infringement and dilution.  In this brief discussion, we will turn our attention to remedies, and … Continue reading →

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TM roundtable, part 4

Posted on June 9, 2016 by rtushnet

From last time: RT: I was thinking as Silbey was talking that you’re convincing me that TM should be a particular kind of anticopying regime (though, as w/patent, knowledge need not be required, at least for double identity).  And that … Continue reading →

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TM roundtable, part 3

Posted on June 9, 2016 by rtushnet

Session 2:  The Menu of Options for Design Protection:  Where Does/Should Trademark and Unfair Competition Law Fit? This session will consider product-design trade dress protection in relation to other legal regimes that encompass design (design patents, copyright, and sui generis … Continue reading →

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Re:Create event in DC, June 20

Posted on June 9, 2016 by rtushnet

On June 20, the Re:Create Coalition will host “How It Works: Understanding Copyright Law in the New Creative Economy.”  The internet powers the local and national economy, enabling more than $8 trillion in e-commerce each year. At a time when … Continue reading →

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TM roundtable, part 2

Posted on June 9, 2016 by rtushnet

Session 1, cont’d Mid-Point Discussants:  Mark Janis: The functionality doctrine is not good at doing the work we’re expecting it to do, both in trade dress and design patents.  Recurrent difficulties: tendency for decisionmakers to revert to de facto functionality … Continue reading →

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TM Scholars’ Roundtable, part one

Posted on June 9, 2016 by rtushnet

Trademark Scholars’ Roundtable, Boston University   Session 1:  Product Design Protection and Trademark First Principles Given what we know about the costs and benefits of using trademark/unfair competition law to protect product design, is the whole enterprise worth the candle?  … Continue reading →

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Two older cases finding fair use of film clips

Posted on June 6, 2016 by rtushnet

Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015)|    Just showed up in Westclip; another datum for the “video clip usage can be fair use” pile.  Jukin amasses a library of user-generated internet … Continue reading →

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business challenges BBB’s claims about itself, lacks Lexmark standing

Posted on June 6, 2016 by rtushnet

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc. 2016 WL 3087055, No. 1:16-cv-119 (E.D. Va. May 31, 2016)   Wall runs a tax settlement business that received low ratings from several regional BBBs, so it sued … Continue reading →

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