Tag Archives: trademark

6th Circuit approves of using (at least) same similarity standard for dilution as for confusion

Posted on June 8, 2026 by rtushnet

Scotts Co. v. Procter & Gamble Co., 2026 WL 1601797, No. 25-3555 (6th Cir. Jun. 4, 2026) Discussion of trade dress opinion here. False advertising claim here. The district court didn’t abuse its discretion in denying a preliminary injunction against … Continue reading →

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court allows TM and false advertising claims against “toxic backlink” SEO disparagement campaign (SEM, for minimization?)

Posted on June 4, 2026 by rtushnet

Montway LLC v. Nexus AT LLC, 2026 WL 1552185, No. 25 C 13100, No. 26 C 1056 (N.D. Ill. Jun. 2, 2026) Although the UCL unfair competition claims got kicked out, federal trademark and false advertising claims survive in this … Continue reading →

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claim that entity sells unapproved drugs does not misrepresent “origin, sponsorship, or approval” for Lanham Act purposes

Posted on June 1, 2026 by rtushnet

Peptide Tech LLC v. Avidia Bank, 2026 WL 1506049, No. 25-13179-MJJ (D. Mass. May 28, 2026) Plaintiff sells peptides; Avidia is a bank and acquiring bank for merchants who accept credit and debit card payments. Doe defendants allegedly reported Peptide … Continue reading →

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plaintiff delay affects irreparable harm and balance of equities where third parties rely on defendant

Posted on May 29, 2026 by rtushnet

Pulling Guard Prods., LLC v. Lambert, No. 26-CV-2305 (PJS/LIB), 2026 WL 1481302 (D. Minn. May 27, 2026) Plaintiff made a “strong showing” that defendants’ “Minnesota Monsters” name and branding infringe its “Duluth Harbor Monsters” mark, though it didn’t show likely … Continue reading →

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Reminder: Penn/NYU/Harvard Trademark and Unfair Competition Scholarship Roundtable 2026: submit by June 1

Posted on May 26, 2026 by rtushnet

Penn/NYU/Harvard Trademark and Unfair Competition Scholarship Roundtable 2026 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at NYU. Now in its fifth year, the Roundtable is designed … Continue reading →

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State barber board wins battle against “Barber Shop” bar

Posted on April 30, 2026 by rtushnet

Really wanted a Sweeney Todd reference here but couldn’t figure it out. Osteria Segreto, LLC v. Hilgers, No. 8:26-cv-00065-BCB-MDN (D. Neb. Apr. 20, 2026) Osteria Segreto, formerly “an Italian speakeasy” in a space that had once been a hair salon, restyled … Continue reading →

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State barber board wins battle against “Barber Shop” bar

Posted on April 23, 2026 by rtushnet

Really wanted a Sweeney Todd reference here but couldn’t figure it out. Osteria Segreto, LLC v. Hilgers, No. 8:26-cv-00065-BCB-MDN (D. Neb. Apr. 20, 2026) Osteria Segreto, formerly “an Italian speakeasy” in a space that had once been a hair salon, restyled … Continue reading →

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A thin record prevents ruling on a thin copyright

Posted on April 10, 2026 by rtushnet

Viann’K Mansur LLC v. Estiloisabella LLC, 2026 WL 952416, No. H-23-2914 (S.D. Tex. Feb. 26, 2026) “The parties in this case sell elaborate ball gowns for quinceanera parties, the celebration of a Latin American girl’s fifteenth birthday.” Defendant Etilolsabella LLC, … Continue reading →

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the continuing merger of TM and the right of publicity: court can’t tell the defenses apart

Posted on April 8, 2026 by rtushnet

Upper Deck Co. v. Pixels.com LLC, No. 3:24-cv-00923-BAS-DEB, 2026 WL 776227 (S.D. Cal. March 19, 2026) Eric Goldman’s discussion. Upper Deck makes sports memorabilia (including sports player trading cards), and has exclusive licensing agreements with various athletes, including famous basketball … Continue reading →

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Netflix’s promotion of fictional team does not constitute trademark use

Posted on April 7, 2026 by rtushnet

Pepperdine University v. Netflix, Inc., No. 2:25-cv-01429-CV (ADSx) (C.D. Cal. Mar. 31, 2026) After denying the motion for preliminary injunction, the court finally tosses Pepperdine’s lawsuit based on use of a fictional Waves team in a Netflix show. Rogers applies … Continue reading →

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