Tag Archives: trademark

Michael Jordan’s ROP claims against ads in the SI special issue on him

Posted on April 14, 2021 by rtushnet

 I just heard this discussed on a GALA (Global Advertising Lawyers Alliance, recommended for international updates) event, and fortuitously I’d decided to get my hands on a copy of the actual special issue. One thing I hadn’t realized from the … Continue reading →

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Recent reading: on brands and sumptuary codes

Posted on April 12, 2021 by rtushnet

Inspired by Kali Murray’s great comments at this past week’s Race and IP conference, some notes from recent reading: Virginia DeJohn Anderson, Creatures of Empire: How Domestic Animals Transformed Early America Relevant to TM and sumptuary laws (addressed in Barton Beebe’s … Continue reading →

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Fanciful Failures: Keeping Nonsense Marks off the Trademark Register

Posted on March 10, 2021 by rtushnet

 I’m excited to announce the publication of this Note by my former student Grace McLaughlin, which addresses the fascinating topic of marks optimized to get into Amazon’s system rather than to function as indications of source for humans. Highly recommended! … Continue reading →

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WIPIP SESSION 7.A. — Trademarks

Posted on February 20, 2021 by rtushnet

Jeanne Fromer & Barton Beebe, NYU School of Law The Future of Trademark Depletion in a Global, Multilingual Economy: Evidence and Lessons from the European Union TMs transcend boundaries b/c brands transcend boundaries; even small businesses are often looking beyond … Continue reading →

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IP writing competition for law students

Posted on February 17, 2021 by rtushnet
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Rogers v. Grimaldi and the TMA

Posted on January 15, 2021 by rtushnet

The legislative history of the TMA, just enacted into law, includes several paragraphs blessing Rogers v. Grimaldi and saying it’s what Congress understands the Lanham Act to mean. I’d be interested to know how that got in there, and I wonder … Continue reading →

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Nominative fair use in the Seventh Circuit: a practical tool

Posted on December 31, 2020 by rtushnet

Data Mgmt. Ass’n Int’l v. Enterprise Warehousing Solutions, Inc., 2020 WL 7698368, No. 20 C 04711 (N.D. Ill Dec. 28, 2020) Without resolving burden of proof issues, the court uses nominative fair use to quickly resolve a case where fair … Continue reading →

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product changes as false advertising: TM may serve as express warranty of formulation & quality

Posted on December 30, 2020 by rtushnet

Starr v. VSL Pharmaceuticals, Inc., No. TDC-19-2173, 2020 WL 7694480 (D. Md. Dec. 28, 2020) This putative class action is related to the longstanding trademark/false advertising litigation between the VSL parties and Claudio De Simone parties, and probably qualifies as … Continue reading →

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no Lanham Act claims, including false advertising, allowed over cannabis

Posted on December 30, 2020 by rtushnet

Shulman v. Kaplan, 2020 WL 7094063, No. 2:19-CV-05413-AB (FFMx) (C.D. Cal. Oct. 29, 2020) The parties compete in the cannabis market, and some defendants formerly worked with Shulman, but that relationship broke down. Shulman sued, alleging four federal claims and … Continue reading →

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What Dastar took, does 1202 give back?

Posted on December 14, 2020 by rtushnet

Another older case found in my year-end roundup. Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla provides “professional architectural services to various construction projects.” Defendants own a “luxury construction project” at 324–326 West 108th … Continue reading →

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