Tag Archives: dilution

New paper: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny

Posted on March 15, 2023 by rtushnet

On SSRN, in advance of the JDI v. VIP case: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny Abstract: Does trademark law cover noncommercial speech, defined as it is in First Amendment doctrine as speech … Continue reading →

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Penn. dilution is broader than federal dilution; former licensee might not own marks despite its registrations

Posted on December 11, 2020 by rtushnet

I.M. Wilson, Inc. v. Otvetstvennostyou “Grichko,” No. 18-5194, 2020 WL 6731109 (E.D. Pa. Nov. 13, 2020) The OG parties are Russian and Czech entities that manufacture and sell ballet and pointe shoes under the name GRISHKO. In the early 1990s, … Continue reading →

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TM scholars’ roundtable, part 5

Posted on April 16, 2018 by rtushnet

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)

Posted on February 16, 2018 by rtushnet

[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

Posted on September 22, 2017 by rtushnet

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

Posted on September 22, 2017 by rtushnet

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

Posted on March 24, 2017 by rtushnet

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

Posted on December 22, 2016 by rtushnet

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

Posted on August 17, 2016 by rtushnet

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

Posted on August 11, 2016 by rtushnet

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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