Tag Archives: dilution

TM scholars’ roundtable, part 5

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading

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WIPIP panel one: TM tarnishment and (c)

[title fixed because I can’t keep seasons straight] Suneal Bedi, Bad Brands: Experimental Studies in Trademark Tarnishment What is the reputation of a mark?  Working on PhD in marketing at Penn; marketing is the best discipline to answer this Q.  … Continue reading

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading

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TM Scholars’ roundtable part 3

Fame, Reputation and “Well-Known-ness” Mark Janis: is fame something distinguishable from distinctiveness, or is it merely the highest degree of distinctiveness?  Possible topics: dilution thresholds v. well-known marks thresholds.  Coach v. Triumph, Fed. Cir., Coach handbags and Coach tutoring services. … Continue reading

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

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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Amicus in LV v. My Other Bag

Chris Sprigman and I organized a law professors’ brief supporting My Other Bag in LV’s appeal from the well-reasoned district court opinion.  Open call for anyone defending against a dilution claim: it’s time for the straight-up First Amendment challenge, and … Continue reading

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IPSC breakout session 2

IPSC Breakout Session II: Trademarks, Advertising & Consumers Relying on Reputation Jim Gibson Reputation: what rational consumers would use to decide what products/services to buy. We shouldn’t expect that info to be widely available to consumers w/o some help, and … Continue reading

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Another poster child for a national anti-SLAPP law: dilution claims against a critic

Doctor’s Data, Inc. v. Barrett, 2016 WL 1086510, No. 10 C 03795 (N.D. Ill. Mar. 21, 2016)   Plaintiff DDI sued Dr. Stephen J. Barrett, M.D., the National Council Against Health Fraud, and Quackwatch for violating §43, as well as … Continue reading

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I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim

I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim   Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Mar. 14, 2016)   Lions Gate sued TD for … Continue reading

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