Tag Archives: trademark

Fee award justified in case involving fraud on the PTO

Amusement Art, LLC v. Life is Beautiful, LLC, 2017 WL 2259672, No. 2-14-cv-08290 (C.D. Cal. May 23, 2017) Initial ruling discussed here.  Defendant LIB hosts the Life is Beautiful festival in Las Vegas, Nevada—an annual event that features music, art, … Continue reading

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New article: fixing incontestability

With apologies to John Welch, who hates the term. Fixing Incontestability: The Next Frontier? Boston University journal of Science and Technology Law, Forthcoming Abstract Incontestability is a nearly unique feature of American trademark law, with a unique American implementation. The … Continue reading

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Illinois right of publicity allows truthful statements about performers in ads

Martin v. Wendy’s International, Inc., No. 15 C 6998 (N.D. Ill. Apr. 28, 2017) Discussion of the initial dismissal here.  The revised complaint fares no better. Martin holds the world record for consecutive kicks of a footbag, which was mentioned … Continue reading

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Internet surveys are admissible (but may raise IRB concerns)

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading

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TM/(c) questions of the day

Which, if any, raise any TM or copyright concerns? matchboxes with book covers “phone app sticky notes” Scented erasers with possibly recognizable trade dresses from Blogger http://ift.tt/2onyotP

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Dastar bars TM claim based on unlicensed copying of footage

Fioranelli v. CBS Broadcasting Inc., No. 15-CV-952, 2017 WL 1400119, — F. Supp. 3d – (S.D.N.Y.  Jan. 19, 2017) Fioranelli, a photojournalist who was one of four reporters allowed to enter the World Trade Center site on September 11, 2001, … Continue reading

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Grange grudge: court orders disclaimer to resolve confusing corporate status

National Grange of the Order of Patrons of Husbandry v. California State Grange, 2016 WL 8730678,  No. 16-201 (E.D. Cal. Sept. 23, 2016) As relevant here, plaintiffs sued the California Guild and Robert McFarland for false advertisement and unfair competition … Continue reading

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