Category Archives: Uncategorized

Fourth Circuit destroys literal falsity

Posted on June 30, 2015 by rtushnet

In re GNC Corp., — F.3d –, 2015 WL 3798174 (4th Cir. June 19, 2015)   Well, this is a terrible opinion that makes no sense.  In the Fourth Circuit, if reasonable experts disagree, it’s now impossible for one to … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Trademark scholars roundtable: establishing the features of the consumer

Posted on June 29, 2015 by rtushnet

Session 2: Establishing the Features of the Consumer   The UK courts have in recent years been quite explicit that the consumer is a normative construct, a fiction, and a benchmark. What does this mean? Does the modifier “average” or … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Trademark scholars roundtable: roles for the consumer in TM

Posted on June 29, 2015 by rtushnet

Seventh Trademark Scholars Roundtable: The Construction of the Consumer in Trade Mark Law   Session 1: Roles for the Consumer in Trade Mark Law What role does the “consumer” (whether “average” or “reasonable” or otherwise) play in trade mark law? … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Ninth Circuit rejects class certification because ads differed

Posted on June 29, 2015 by rtushnet

Cabral v. Supple LLC, — Fed.Appx. —-, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015)   The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll persons … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

claim of “improved” version of competitor’s product not likely to confuse

Posted on June 29, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., 63 F.Supp.3d 149 (D. Mass. 2014)   Arborjet sued Rainbow over an alleged breach of a sales agency agreement and won a preliminary injunction.  Arborjet makes insect and pest control products for … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

False patent marking isn’t material to business customers

Posted on June 29, 2015 by rtushnet

Pactiv, LLC v. Multisorb Technologies, Inc., 63 F.Supp.3d 832 (N.D. Ill. 2014)   Pactiv and Multisorb compete to sell oxygen absorbers—“packets of chemicals that react with moisture to absorb oxygen when placed inside food containers,” keeping food fresher longer. The … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

London TM finds, food edition

Posted on June 26, 2015 by rtushnet

“It’s All About the Base” pizza ad Chocolate boxes  More chocolate boxes For the last one, compare this story from Australia about another chocolatier. from Blogger http://ift.tt/1dmKrwP

Posted in Uncategorized | Tagged , | Leave a comment

it’s illegal to say that use of non-manufacturer accessories voids a warranty

Posted on June 26, 2015 by rtushnet

EMED Technologies Corp.  v. Repro–Med Systems, Inc., No. 13–cv–1957, 2015 WL 3794967 (E.D. Cal. June 16, 2015)   The parties compete to supply components of medical devices used to administer immunoglobulin (human plasma and antibodies) to patients suffering from a … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

London visit, TM and cultural property edition

Posted on June 26, 2015 by rtushnet

All of This Belongs to You sign at the V&A Museum: cultural patrimony (though often of other cultures …)  English Milky Way, apparently caramel-less, and Yorkie (note the Yorkie’s offer of Man Prizes, which I can only assume are … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

visiting London: TM edition

Posted on June 25, 2015 by rtushnet

The band Camel Anathema, with a familiar font and presentation Spex in the City TK Maxx, aka TJ Maxx, apparently renamed in the UK to avoid conflict with retailer TJ Hughes from Blogger http://ift.tt/1GAxIxQ

Posted in Uncategorized | Tagged | Leave a comment