Tag Archives: trademark

facially plausible false advertising claim can be added to TM complaint

Posted on October 29, 2021 by rtushnet

In case you’re looking for a roadmap for leave to amend:  Ideavillage Products Corp. v. Copper Compression Brands LLC, 2021 WL 5013799, No. 20 Civ. 4604 (KPF) (S.D.N.Y. Oct. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation … Continue reading →

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Puzzlingly calling a venue name a “title,” court nonetheless rejects claim against MTV show

Posted on October 25, 2021 by rtushnet

MGFB Properties, Inc. v. ViacomCBS INC., 2021 WL 4843905, NO. 5:19cv257-RH-MJF (N.D. Fla. Sept. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. The district court granted summary … Continue reading →

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Disney’s Toy Story 4 daredevil not legally risky

Posted on October 8, 2021 by rtushnet

K & K Prods., Inc. v. Walt Disney Studios Motion Pictures, No. 2:20-CV-1753 JCM (NJK) (D. Nev. Sept. 23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, … Continue reading →

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Ice Cube’s case against Robinhood melts again

Posted on October 7, 2021 by rtushnet

Jackson v. Robinhood Markets, Inc., No. 21-cv-02304-LB (N.D. Cal. Sept. 20, 2021) Previously, the court dismissed Ice Cube’s ROP and false endorsement claims for lack of standing because pleading an appearance in a financial newsletter does not suffice to plead … Continue reading →

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False endorsement remains broader than many state ROP laws

Posted on October 6, 2021 by rtushnet

Walkowicz v. American Girl Brands, LLC, 2021 WL 510729, No. 20-cv-374-jdp (W.D. Wis. Feb. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that  defendants misappropriated distinctive aspects of their personal identity into a … Continue reading →

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consumer’s bid to enjoin Redbubble’s sale of “counterfeits” fails

Posted on October 5, 2021 by rtushnet

Vinluan-Jularbal v. Redbubble, Inc., No. 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Cal. Sept. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. Despite ruling in her favor on a lot of … Continue reading →

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Laches bars TM claims but what counts as “Made in the USA” merits trial

Posted on October 4, 2021 by rtushnet

Illinois Tool Works Inc. v. J-B Weld Co., 2021 WL 4310576, No. 3:19-cv-1434 (JAM) (D. Conn. Sept. 22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy … Continue reading →

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Dastar doesn’t bar allegedly false advertising about source of planned development services

Posted on October 4, 2021 by rtushnet

LStar Development Gp., Inc. v. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. Sept. 23, 2021) LStar, which manages and sells development communities, sued defendants for trademark infringement, false designation of origin, and false advertising under the Lanham Act, as well … Continue reading →

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USC IP year in review, TM/ROP

Posted on October 4, 2021 by rtushnet

 My presentation, galloping across a bunch of developments. Slides here. Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of … Continue reading →

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maintaining outdated article on website about former supplier wasn’t false association

Posted on October 1, 2021 by rtushnet

Archi’s Acres, Inc. v. Whole Foods Market Service, Inc., 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. Cal. Feb. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. Whole Foods began purchasing small quantities of basil from … Continue reading →

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