Category Archives: Uncategorized

Plaintiff fails to hit one out of the park with false advertising claim as substitute for TM

Posted on August 3, 2015 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2015 WL 4545408, No. 5:15–cv–00946 (E.D. Pa. July 28, 2015)   Parks sells sausage and other processed meats; its origin is in the H.G. Parks Sausage Company, known for the first African–American–owned company to … Continue reading →

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No silver bullet for innovator in bullion market

Posted on July 31, 2015 by rtushnet

Provident Precious Metals, LLC v. Northwest Territorial Mint, LLC, 2015 WL 4522923, No. 3:13–CV–02942 (N.D. Tex. July 27, 2015)   Interesting TM/copyright case that straddles the boundaries of so-called aesthetic and “utilitarian” functionality: is the accuracy of a replica product … Continue reading →

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Amicus supporting rehearing in MTM v. Amazon

Posted on July 30, 2015 by rtushnet

IP Professors, with excellent assistance from Cathy Gellis. from Blogger http://ift.tt/1IbyIKz

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Limiting remedies when a descriptive fair use defense fails

Posted on July 30, 2015 by rtushnet

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846  (C.D. Cal. Jul. 24, 2015)    This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies.  Anhing successfully sued Thuan Phong … Continue reading →

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Transformative use of the day, Lululemon edition

Posted on July 30, 2015 by rtushnet

I can’t wait to carry this bag around and watch the double-takes.  (Would also fit well on Welcome to Night Vale.) from Blogger http://ift.tt/1DbWObD

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Somehow the Coke bottle survived this dilutive free riding

Posted on July 30, 2015 by rtushnet

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over. Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you … Continue reading →

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4th Circuit denies rehearing in In re GNC

Posted on July 29, 2015 by rtushnet

😦 If this ruling sticks and is actually applied in Lanham Act cases (something of which I am uncertain), then the resulting circuit split would probably justify Supreme Court review, given the Court’s newfound interest in 43(a)(1)(B). from Blogger http://ift.tt/1SguBHc

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ISHTIP at Penn, part 9

Posted on July 24, 2015 by rtushnet

Session 6 | Josh Sarnoff (DePaul University), Moderator   In Search of a Trade Mark: Search practices and Bureaucratic Poetry Jose Bellido and Hyo Yoon Kang (University of Kent, UK) Commentator | Amanda Scardamaglia (Swinburne Law School)   Enhanced searching: … Continue reading →

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ISHTIP at Penn, part 8

Posted on July 24, 2015 by rtushnet

Methodology: What should histories and theories of IP be doing? What role should interdisciplinarity play? | Martha Woodmansee (Case Western Reserve University), Moderator   Lionel Bently (Cambridge) We tolerated the use of the term “IP” to discuss the field, though … Continue reading →

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ISHTIP at Penn, Part 7

Posted on July 24, 2015 by rtushnet

Session 5 | Martin Fredriksson (Linköping University, Sweden), Moderator   Open Source Intelligence: Counterinsurgency, State Secrets, and Small Novels Joseph Slaughter (Columbia) Commentator | Catherine Bond (University of New South Wales)   Operation of IP in the context of torture, … Continue reading →

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