Tag Archives: trademark

TMSR, part 3

Posted on April 15, 2019 by

Session 3: Defining Marks in Trademark Law vs. Defining Subject Matter in Adjacent Areas of IP In formulating rules about defining marks in trademark law, what (if anything) can be learned from the longstanding debate about defining pictorial, graphic, and … Continue reading →

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TMSR, part 2

Posted on April 13, 2019 by

Session 2:  Defining Markets: Doctrinal Settings for Market Analysis in Trademark Law Trademark law clearly already undertakes market definition in the analysis of genericism and also for functionality. Are current approaches adequate? Are markets defined the same way, through the … Continue reading →

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Eleventh Trademark Scholars Roundtable: Defining Marks and Markets

Posted on April 12, 2019 by

Session 1:  The Process for Defining Marks (Registered, Unregistered) What are the different ways to define marks? What are/should be our goals in defining marks? What are the costs of permitting fuzzy definition? Are there costs to  imposing  strict requirements … Continue reading →

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Different meaning of Fizzkids and Wizkids defeats infringement claim even for similar products

Posted on April 11, 2019 by

Wizkids/NECA, LLC v. TIII Ventures, LLC, No. 17-CV-2400 (RA), 2019 WL 1454666 (S.D.N.Y. Mar. 31, 2019) TIII sells “soda-can-themed toys, specifically, vinyl characters that are sold in packaging resembling a soda can.” The “Fizzkids” are called “Cranked Cola,” “Bone Crusher … Continue reading →

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Bad argument of the day: potential registration should count as (R) because opposer is accused infringer

Posted on April 1, 2019 by

Herman Miller, Inc. v. Blumenthal Distributing, Inc., 2019 WL 1416472, No. LA CV17-04279 JAK (SPx) (C.D. Cal. Mar. 3, 2019) Lots of stuff going on here.  Herman Miller sued Blumenthal for infringing on the trade dress of one of its … Continue reading →

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Amazon case shows profound difference between DMCA safe harbor & 230 immunity

Posted on March 22, 2019 by

Kangaroo Mfg. Inc. v. Amazon.com Inc., No. CV-17-01806-PHX-SPL, 2019 WL 1280945 (D. Ariz. Mar. 20, 2019) The Amazon Chronicles often asks “what is Amazon?”  An interesting question to build a law school course around might be “what can Amazon do?”  … Continue reading →

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survey isn’t evidence of actual deception, court says in First Amendment case w/TM relevance

Posted on March 21, 2019 by

Express Oil Change, L.L.C v. Mississippi Board of Licensure for Professional Engineers & Surveyors, No. 18-60144 (5th Cir. Feb. 19, 2019) Just as a matter of client advocacy, it is time for these First Amendment cases about the government’s near-inability … Continue reading →

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