Tag Archives: trademark

“battery tender” isn’t generic for guess what, but keyword advertising is fine

Posted on August 14, 2026 by rtushnet

Deltona Transformer Corporation v. NOCO Company, — F.4th —-, 2026 WL 2236806, No. 24-13590 (11th Cir. Aug. 4, 2026) Competitors aren’t generally allowed the same freedom as consumers to “genericize” a term. Here, the 11th Circuit finds no error in … Continue reading →

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trademark claim proceeds with essentially no detail, despite trade dress failure

Posted on August 13, 2026 by rtushnet

Honest Company, Inc., v. Butterblu, LLC, 2026 WL 2211834, No. 2:26-cv-00019-WLH-MBK (C.D. Cal. Jul. 28, 2026) Honest sued former partner Butterblu for trademark infringement and related claims. Honest sells products in the diaper and wipes, skin and personal care, and … Continue reading →

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not with a bang, but with a whimper of whipped dogs? VIP prevails in Ninth Circuit

Posted on August 13, 2026 by rtushnet

VIP Prods., LLC v. Jack Daniel’s Properties, Inc., No. 25-2027 (9th Cir. Aug. 4, 2026) VIP prevailed on remand on the confusion claim but lost on dilution by tarnishment. The court of appeals reversed, holding that JDI didn’t show that … Continue reading →

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always plead a first use date: court struggles with famous foreign marks doctrine without it

Posted on August 11, 2026 by rtushnet

Teng v. Tao, No. 2:25-cv-05360-WLH-AJR, 2026 WL 2055494 (C.D. Cal. Jun. 5, 2026) Teng sued Tao for various trademark-related claims. Teng is allegedly the chairman of Plaintiff Heilongjiang Tang Huo Kung Fu Catering Co., a Chinese company that operates restaurant … Continue reading →

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IPSC Breakout Session 4, Design, Trademark & IP Boundaries

Posted on August 7, 2026 by rtushnet

Backdoor Trade Dress, Rachael Dickson Strange things are afoot at the PTO. Applications for line drawings of specific products. They are not configuration marks for the product design. They’re just design marks. In addition to the usual TM registration requirements, … Continue reading →

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IPSC Breakout Session 3 Trademark Confusion & Consumer Perception

Posted on August 7, 2026 by rtushnet

Trademark Confusion as a Matter of Law, Andrew Michaels Is infringement a proposition about the world, or about the law? Fact: an empirical predictive question about the world. Law: a normative judgment about whether there should be legal responsibility—is the … Continue reading →

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IPSC Opening Plenary Session: IP Openness, Secrecy, and Enclosure

Posted on August 6, 2026 by rtushnet

Selective Exploitation, Kristelia García Justifications for deference to rightsholders in enforcement context are less persuasive than justifications for deference to rightsholders in exploitation decisions. These aren’t infringers—outside of ©’s standard infringement/remedies scope. Conduct at issue: shifting content from Peacock to … Continue reading →

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Reading list: Do Louis Vuitton’s Registered Trademarks in China Appropriate Traditional Chinese Culture?

Posted on August 4, 2026 by rtushnet

 Do Louis Vuitton’s Registered Trademarks in China Appropriate Traditional Chinese Culture? Ohio State Legal Studies Research Paper No. 980 20 Pages Posted: 4 Aug 2026 Daniel C. K. Chow Michael E. Moritz College of Law Date Written: August 03, 2026 … Continue reading →

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Canadian imported drugs whose origin was disclosed to end consumers couldn’t trigger infringement/false advertising liability

Posted on July 6, 2026 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2026 WL 1846752 (N.D. Ill. Jun. 26, 2026) Another round in AbbVie’s fight against Canadian imports. Payer Matrix contracts with employers or an employer’s pharmacy benefit manager (PBM) or third-party … Continue reading →

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INTA report on AI and likely confusion analysis

Posted on June 29, 2026 by rtushnet

 INTA’s press release is here. INTA was kind enough to invite me to the launch as press. I’m still digesting overall but the most interesting comment was about consistency: One panelist suggested that AI’s effect on this “hobgoblin of small minds” … Continue reading →

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