Tag Archives: trademark

IPSC, Trademark

Posted on July 31, 2020 by

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

Posted on July 29, 2020 by

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

Posted on July 22, 2020 by

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

Posted on July 22, 2020 by

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

Posted on June 29, 2020 by

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

Posted on June 5, 2020 by

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

Posted on June 1, 2020 by

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

Posted on May 26, 2020 by

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

Posted on May 7, 2020 by

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

Posted on May 4, 2020 by

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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