Tag Archives: trademark

But in that sleep what dreams of liability may come?

Posted on May 16, 2018 by

When you sue a competitor for false advertising, be prepared to get sued back.  In this pair of opinions, most of the parties’ claims against each other survived, paving the way for a messy trial. GhostBed, Inc. v. Casper Sleep, Inc., … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

TM exam question: the right of publicity v. comparative advertising

Posted on May 8, 2018 by

What if Coco Chanel had been the plaintiff in Smith v. Chanel?  This question made me very happy, and I got a bunch of interesting answers on my final: Kim Kardashian is famous for being famous. She is a highly … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

ABC doesn’t find getting rid of pro se (c) and TM claim so simple

Posted on May 3, 2018 by

 Manigault v. ABC Inc., 2018 WL 2022823, No. 17-CV-7375 (S.D.N.Y. Apr. 12, 2018) (magistrate judge) An app owner’s copyright and trademark claims against a news organization for broadcasting a news story about apps, including his, survive a motion to dismiss … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Alzheimer’s Association and Alzheimer’s Foundation in keyword battle

Posted on April 30, 2018 by

Among other things, this case has some interesting things to say about IIC and proper controls in survey cases. Alzheimer’s Disease & Related Disorders Association, Inc. v. Alzheimer’s Foundation of America, Inc. 2018 WL 1918618, No. 10-CV-3314 (S.D.N.Y. Apr. 20, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

TM scholars’ roundtable, part 5

Posted on April 16, 2018 by

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

TM scholars’ roundtable, part 4

Posted on April 14, 2018 by

Session 2, Cont’d Mid-Point Discussants:                       Mike Grynberg Belmora may do very little.  But: Belmora may be bad if it discards important checks, one of which might be territoriality.  Another idea: arguably undermines systematicity of TM, its existence as an … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

TM Scholars’ roundtable, part 3

Posted on April 13, 2018 by

Session 2:  The Policy and Doctrine of Unfair Competition Claims Introduction:  Jake Linford: Hoping for a sharper line b/t UC and TM, much as we have a relatively sharp statutory line b/t TM infringement and dilution to the extent we … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment