Tag Archives: trademark

Rogers question: could this art be explicitly misleading?

One reason that Gordon v. Drape Creative is so concerning is that it reads “explicit” to be something other than explicit–maybe a version of falsity by necessary implication, but one that wants to pose transformativeness as the thing that avoids explicit … Continue reading

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Bobby Brown’s failed ROP claim shows some of the cracks in the current ROP tests

Brown v. Showtime Networks, Inc., No. 18 Civ. 11078 (CM) (JLC), 2019 BL 290214 (S.D.N.Y. Aug. 02, 2019) Bobby Brown and the Estate of Bobbi Kristina Brown sued Showtime and the BBC (which got out of the case on jurisdictional … Continue reading

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IPSC: Closing Plenary

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading

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IPSC: Trademark Doctrine

Jorge Contreras, University of Utah SJ Quinney College of Law Sui-Genericide 1940s: Proprietary Ass’n & AMA opposed foreign registrations of common drug names (ANTACID, VITAMIN, etc.). Late 40s-80s: DOC generic word program: words submitted by firms to INTA’s predecessor, then … Continue reading

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on 12(b)(6), court holds that “blockchain” could be distinctive for one co’s digital wallets

Blockchain Luxembourg S.A. v. Paymium, SAS, No. 18 Civ. 8612 (GBD) (S.D.N.Y. Aug. 7, 2019) The Second Circuit really doesn’t want to kick out trademark claims early.  I can easily imagine a court in the Seventh Circuit using the flexibility … Continue reading

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Duck, duck, noninfringement: TM and (c) claims over distinct duck designs fail

Great American Duck Races Inc. v. Kangaroo Mf’g Inc., No. CV-17-00212-PHX-ROS (D. Ariz. Jul. 19, 2019) Despite some bad reasoning equating intent to compete with (relevant) intent to confuse, the court rejects bad copyright and trademark claims based on the … Continue reading

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Imaginative makeup color names as descriptive fair use

Hard Candy, LLC v. Anastasia Beverly Hills, Inc., 921 F.3d 1343 (11th Cir. 2019) Hard Candy sued Anastasia, a competitor in the cosmetics industry, for infringement based on one of Anastasia’s “Glow Kits,” flip-open makeup palettes containing four different shades … Continue reading

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