Tag Archives: trademark

WIPIP Panel 6: Design and Brand; Protectable Subject Matter; Copyright Theory and Doctrine II

Posted on February 28, 2026 by rtushnet

A Pantone Prerogative: Defining the Privilege to Standardize Color (Felicia Caponigri) Color standards have been around for a long time. Pantone developed standards and uses its system to promote the colors; registration for the matching system and the color chip. … Continue reading →

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WIPIP Panel 5: Trademark Doctrine

Posted on February 28, 2026 by rtushnet

 The Arbitrary Myth (Dustin Marlan) Connecting the Abercrombie critique literature w/some of the critical/cultural appropriation theory. Judge Friendly says: it need hardly be added that fanciful and arbitrary terms enjoy the protection accorded to suggestive terms. Catachresis: strained metaphor—arbitrary marks … Continue reading →

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WIPIP Panel 3: Deepfakes, Celebrities, and Movies

Posted on February 27, 2026 by rtushnet

A Digital Right of Publicity for the AI World (Emma Perot) Prehistory: ROP covers lookalikes, soundalikes, video game avatars (at least for realism). Persona as training data. Theories of personality: users informed about use; many social media companies do not … Continue reading →

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WIPIP, BU Panel 1: Trademark Theory and Practice

Posted on February 27, 2026 by rtushnet

Trademarks, Functionality, and Competition (Glynn Lunney)          Came in late; 3d Circuit is not a good circuit for trade dress (11.8% success for claimants, almost always on functionality (71% of wins)). 5th Circuit at the other end—50% … Continue reading →

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Amicus in support of cert in Lanham Act intent/damages case

Posted on February 24, 2026 by rtushnet

 Truth in Advertising, Barton Beebe, Mark Lemley, Alexandra Roberts and I just filed a brief arguing that the Supreme Court should clarify the role of intent in Lanham Act cases. from Blogger http://tushnet.blogspot.com/2026/02/amicus-in-support-of-cert-in-lanham-act.html

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Fairlife brand name plausibly misleading where cows allegedly lived abuse-filled lives of suffering

Posted on February 18, 2026 by rtushnet

Bhotiwihok v. Fairlife, LLC, № 2:25-cv-01650-ODW (AGRx), 2026 WL 413749 (C.D. Cal. Feb. 13, 2026) “In 2014, Select Milk, a dairy cooperative, partnered with Coca-Cola to launch Fairlife, a company with an eponymous line of premium milk and milk products…. … Continue reading →

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conducting dueling internet searches converts attys into fact witnesses in TM case

Posted on February 6, 2026 by rtushnet

Vicious Brands, Inc. v. Face Co., No. 24-cv-04996-LJC, 2026 WL 276178 (N.D. Cal. Feb. 3, 2026) (magistrate) Plaintiff, aka Saints & Sinners, sued Face, aka Skin Saint, alleging trademark infringement and false advertising. The court granted the motion to dismiss … Continue reading →

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Santa Clara IP Conference: Where Do We Go From Here?

Posted on January 31, 2026 by rtushnet

Moderator: Edward Lee, Santa Clara Law BJ Ard (copyright), University of Wisconsin Law School © is often displaced by contract and other regimes in sectors—scaling it up or down would produce minimal impact. Consumer copying for example is often solved … Continue reading →

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Santa Clara IP conference: How It’s Going: What Went Wrong?

Posted on January 30, 2026 by rtushnet

Moderator: Zahr Said, Santa Clara Law Mark Lemley (patent), Stanford Law School After 40 years of radical change, things settled down for normalcy in the last 10 years until Trump. 1980-2017: we grant 350,000 a year up from 50,000; now … Continue reading →

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Santa Clara School of Law: Intellectual Property Conference: How It Started, How It’s Going: What Went Right?

Posted on January 30, 2026 by rtushnet

Moderator: Brian Love, Santa Clara Law Jeanne Fromer (trademark), New York University Law School Search and examination on relative grounds (Europe doesn’t do that)—has critiques but generally doing a decent job. Ironic b/c we think of US as “free market” … Continue reading →

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