Tag Archives: trademark

IPSC, Trademark

IPSC – Trademark Law I Moderator: Mark McKenna  Trademark Depletion in a Global, Multilingual Economy: Evidence from the European Union (abstract) Jeanne Fromer and Barton Beebe, NYU School of Law  Notes on the EU system: runs in parallel with national … Continue reading

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The McCarthy Series: U.S.P.T.O. v. Booking.com: What the Recent SCOTUS Ruling Means for Trademark Law

My notes are messed up because I had technical difficulties! But the McCarthy Institute will apparently publish video on its YouTube channel. David Bernstein, Debevoise & Plimpton: intro to case/overview.  Hal Poret: Used a Teflon survey to educate consumers about … Continue reading

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confusion over confusion: court holds that disparagement can be infringing

Nutreance LLC v. Primark, LLC, 2020 WL 3892995, No. 4:18-cv-00098-SRC (E.D. Mo. Jul. 10, 2020) “This is a trademark infringement/false advertising case involving competitors in the nutritional-supplements market.” The court holds that the alleged bad conduct is actionable, but unfortunately … Continue reading

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July 29 Webinar – The McCarthy Series: What the BOOKING.COM Ruling Means for Trademark Law

I’ll be part of the panel:  On Wednesday, July 29th, at 12 noon Eastern Standard Time (9 AM PST), the McCarthy Institute will host a webinar to discuss the ramifications of the Supreme Court’s decision in USPTO. v. Booking.com B.V. … Continue reading

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9th Circuit shows some hostility to functionality for product design, gets federal fame right

Blumenthal Distributing, Inc. v. Herman Miller, Inc., Nos. 18-56471 & 18-56493 (9th Cir. Jun. 25, 2020)  HM and Blumenthal/OSP engaged in litigation over “knockoffs” of HM’s Eames chairs and Aeron chairs. A jury found that HM’s registered and unregistered claimed … Continue reading

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NOCI to eBay protected against tortious interference claim by Noerr-Pennington, but defamation survives

Verbena Products LLC v. Pierre Fabre Dermo-Cosmetique USA, Inc., 2020 WL 2988587, No. 19-23616-Civ-Scola (S.D. Fla. Feb. 28, 2020)  Verbena (aka Beautyvice) sells cosmetic and beauty care products on eBay. Defendant Yellow Brand “is a leading global provider of online … Continue reading

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Copyright preempts/Dastar precludes lawsuit based on Fortnite’s copying of a dance move

Brantley v. Epic Games, Inc., No. v. 19-cv-594-PWG (D. Md. May 29, 2020)  Plaintiffs Brantley and Nickens alleged that in 2016 they created, named, and popularized a dance move, which they titled the “Running Man,” and which subsequently went viral … Continue reading

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Sam’s Club exposed to disgorgement for potential warranty differences in grey goods it sold

Monahan Prods. LLC v. Sam’s East, Inc., 2020 WL 2561255, No. 18-11561-FDS (D. Mass. May 20, 2020) Plaintiff makes UPPAbaby strollers. Sam’s is a chain of membership-only retail warehouse stores and, despite not being an authorized retailer, it sold actual … Continue reading

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A few thoughts on the Booking.com argument

The Justices were engaged and asking the right questions, despite everyone’s use of “trademark” as a verb to mean “register.” With a putatively generic term the equation is perhaps understandable since if it is unregistrable it will also be unprotectable … Continue reading

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9th Circuit panel divides on evidence of injury in false advertising case

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., — Fed.Appx. —-, 2020 WL 2086557, No. 18-56317 (9th Cir. Apr. 30, 2020) The parties compete in the market for nutritional supplements and television programs. VBS sued for Lanham Act and California state … Continue reading

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