Tag Archives: trademark

Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office

Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels. Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next Frontier Incontestability is a nearly unique feature of American trademark law, with a … Continue reading

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The trademark part of ASTM v. PublicResource.org

American Soc. for Testing & Materials v. Public.Resource.Org, Inc., No. 13-cv-1215 (D.D.C. Feb. 2, 2017) The copyrightability/fair use issues are serious and arguable here, but I’m going to focus on the trademark analysis, because unlike the copyright analysis it’s incoherently … Continue reading

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Use of P’s photos to advertise D’s goods must be challenged via copyright, not Lanham Act, under Dastar

Barn Light Electric Company, LLC v. Barnlight Originals, Inc., 2016 WL 7135076, No.14–cv–1955 (M.D. Fla. Sept. 28, 2016) Plaintiff BLE, owned by the Scotts, sells light fixtures to consumers over the internet. Defendant Hi–Lite, owned by the Ohais, makes light … Continue reading

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This is not NORML: court of appeals finds ISU violated First Amendment with TM licensing program

Gerlich v. Leath, No. 16-1518 (8th Cir. Feb. 13, 2017) Iowa State University (ISU) grants student organizations permission to use its trademarks if certain conditions are met. The ISU student chapter of the National Organization for the Reform of Marijuana … Continue reading

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when is a law firm “national”? hub-and-spoke firm finds out

Cochran Firm, P.C. v. Cochran Firm Los Angeles, LLP, 2016 WL 6023822, No. CV 12-5868 (C.D. Cal. Aug. 18, 2016) Previous 9th Circuit opinion affirming earlier unclean hands ruling discussed here. This case began with a legal partnership turned sour. … Continue reading

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pool party: lawsuit raises survey and TM priority issues

Solar Sun Rings, Inc. v. Secard Pools, 2016 WL 6138294, No. EDCV14-2417 (C.D. Cal. Jan. 20, 2016) Illustrating the principle that those who sue competitors should be sure to have their own house (or in this case, pool) in order: … Continue reading

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calling a rival “imitation” is neither defamatory nor confusing

Baltimore Sports & Social Club, Inc. v. Sport & Social, LLC, 2017 WL 526499, No. 16–cv–02953 (D. Md. Jan. 6, 2017)   BSSC logo Sport & Social logos BSSC initiated suit, claiming that Sport & Social’s use of the marks … Continue reading

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