Tag Archives: trademark

False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente

Posted on January 28, 2026 by rtushnet

Clemente Properties, Inc. v. Pierluisi-Urrutia, — F.4th —-, 2026 WL 125574, No. 23-1922 (1st Cir. Jan. 16, 2026) The representatives of the family of a famous deceased Puerto Rico baseball player, Roberto Clemente, sued the Commonwealth of Puerto Rico and … Continue reading →

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Non-TM owner can use 43(a) to challenge confusing use

Posted on January 23, 2026 by rtushnet

Postar v. Hyland, 2026 WL 145934, No. 5:24-CV-019-H (N.D. Tex. Jan. 20, 2026) This case allows a non-TM owner to bring a false advertising/unfair competition claim over allegedly confusing use of a trademark, and I think it’s right to do … Continue reading →

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11th Circuit affirms defense TM verdict; evidence of confusion is not evidence of harm for disgorgement

Posted on January 19, 2026 by rtushnet

Florida Virtual School v. K12, Inc., 2026 WL 127063, No. 24-10449 (11th Cir. Jan. 15, 2026) A pretty good example of why granting registrations to highly descriptive (at best) terms is a bad idea! Also a good example of why … Continue reading →

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CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22

Posted on January 16, 2026 by rtushnet

 Please share widely!  Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum May 21-22, Yale Law School  Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2026 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Yale Law School on May … Continue reading →

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court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?

Posted on January 9, 2026 by rtushnet

ZAGG Inc. v. Ichilevici, 2026 WL 63142, No. 23-cv-20304-ALTMAN/Reid (S.D. Fla. Jan. 8, 2026) ZAGG sells a variety of screen protectors, power management solutions, mobile keyboards, cases, and personal audio products, including my beloved Mophie. Defendant DVG resells products, including … Continue reading →

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Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery

Posted on January 8, 2026 by rtushnet

Roadget Business PTE. Ltd. v. PDD Holdings Inc., 2026 WL 44864, No. 24-2402 (TJK) (D.D.C. Jan. 7, 2026) Plaintiff, aka Shein, sells low-priced fashion and lifestyle products through a website and mobile application. Defendant runs a competing, discount-driven online platform—Temu. … Continue reading →

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Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims

Posted on January 8, 2026 by rtushnet

Hein v. Mai, 2026 WL 44798, No. 24-01126-JWB (D. Kan. Jan. 7, 2026) Some interesting stuff going on in the genealogy world! The Volga German people are individuals of German origin who moved to the Volga region of Russia in … Continue reading →

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court rejects politician’s slogan claim

Posted on December 29, 2025 by rtushnet

Cloobeck v. Villaraigosa, No. 2:25–cv–03790–AB (SK) (C.D. Cal. Dec. 8, 2025) Cloobeck, a 2026 California gubernatorial election candidate, alleged infringement of the phrase “PROVEN PROBLEM SOLVER” by competing candidate Villaraigosa. Cloobeck used “I AM A PROVEN PROBLEM SOLVER” in connection … Continue reading →

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trademark law firm loses trademark lawsuit

Posted on December 19, 2025 by rtushnet

LegalForce RAPC Worldwide P.C. v. MH Sub I, LLC, No. C 24-00669 WHA, 2025 WL 3675365 (N.D. Cal. Dec. 18, 2025) LegalForce, a law firm “specializing in trademark law,” sued online referrer to law firms MH for infringing two service … Continue reading →

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license agreement termination might be invalid transfer in gross without a new partner for licensor

Posted on December 17, 2025 by rtushnet

Form Portfolios LLC v. Food52, Inc., 2025 WL 3638165, No. 24-cv-07690 (NCM) (CLP) (E.D.N.Y. Dec. 16, 2025) Form designs consumer products, partnering with other companies that license those designs. Food52 sells cookware and other homegoods under the brand Dansk. This … Continue reading →

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