Tag Archives: trademark

Disparagement doesn’t cause TM confusion (and a covid-related claim)

Dupart v. Roussell, 2020 WL 6308339, No. 20-1406 (E.D. La. Oct. 28, 2020) Plaintiffs (Dupart and Harris) alleged that Roussell’s YouTube videos and Instagram posts discuss their personal lives and Dupart’s cosmetics brand, Kaleidoscope, which competes with Roussell’s Sip Cosmetics. … Continue reading

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funny survey typo doesn’t invalidate confusion survey

Pinder v. 4716 Inc., 2020 WL 6081498, No. CV-18-02503-RCC (D. Ariz. Oct. 15, 2020) This strip club right of publicity-etc. case is mostly as plaintiff-favorable as others coming out of Arizona. The notable thing: the court says the survey here … Continue reading

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low-quality lead generation leads to deceptive marketing claims

In re HomeAdvisor, Inc. Litig., No. 16-cv-01849-PAB-KLM, 2020 WL 5798515 (D. Colo. Sept. 29, 2020) HomeAdvisor “is an online marketplace that helps connect persons providing home improvement services, i.e., home service professionals (‘HSPs’), with homeowners in need of such services.” … Continue reading

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impersonating company to solicit intimate images for private use isn’t TM infringement/false advertising

AdoreMe, Inc. v. Watson, 2020 WL 5769083, No. CV 19-8830 FMO (AGRx) (C.D. Cal. Jul. 14, 2020) A fundamentally commercial cause of action can be a bad tool to address even bad noncommercial behavior. AdoreMe sued Watson for trademark infringement … Continue reading

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court refuses to dismiss TM claims against NRA’s former PR agency

National Rifle Ass’n v. Ackerman McQueen, Inc., 2020 WL 5526548, No. 19-CV-2074-G (N.D. Tex. Sept. 14, 2020) The NRA sued AMc, an advertising and PR agency, for various claims arising from the parties’ now-terminated relationship and Ackerman’s statements about the … Continue reading

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sunglasses reseller liable for (c) infringement, maybe TM/false advertising/tortious interference

Maui Jim, Inc. v. SmartBuy Guru Enters., No. 1:16 CV 9788, — F.Supp.3d —-, 2020 WL 4435320 (N.D. Ill. Feb. 24, 2020) Maui Jim alleged that the defendants sold non-genuine Maui-Jim-branded sunglasses while using its copyrighted photographs to falsely advertise … Continue reading

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social media posts using models’ images could be false advertising etc.

Two cases in this burgeoning genre, with different results on conversion claims but otherwise similarly highly favorable for the plaintiffs, including on statute of limitations/single publication rulings. Moreland v. Beso Lounge & Restaurant LLC, 2020 WL 5302312, No. 19-cv-00958 (VLB) … Continue reading

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T-shirts as noncommercial speech (and an issue-spotter fact pattern)

Cornette v. Graver, 2020 WL 4059589, No. 19-cv-219 (W.D. Pa. Jul. 20, 2020) Cornette is a professional wrestling commentator and “personality” who sued defendants for infringing his trademark rights and right of publicity by selling disparaging t-shirts bearing his name … Continue reading

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IPSC Panel 15 – Trademark Law II

Trademark Fame and Corpus Linguistics, Jake Linford, FSU College of Law and Kyra Nelson, Independent Dilution protects famous marks as if they were monosemous: having same source meaning no matter what goods/services applied to. Proposal: use data about TM use … Continue reading

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using picture of competitor’s product as reverse passing off

John Bean Tech. Corp. v. B GSE Gp., LLC, 2020 WL 4698984, No. 1:17-cv-142-RJS-DAO (D. Utah Aug. 13, 2020) Plaintiff JBT “is a major player in the aviation industry for ground support equipment,” used to maintain aircraft, including preconditioned air … Continue reading

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