Tag Archives: trademark

Court fixes mistake: Rogers applies to nonfiction titles

IOW, LLC v. Breus, 2019 WL 6603948, No. CV18-1649-PHX-DGC (D. Ariz. Dec. 2, 2019) The court quite properly grants a motion for reconsideration of part of its earlier opinion, correctly applying Rogers v. Grimaldi/Empire to protect the title of a … Continue reading

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Design Law Scholars Roundtable part 3

Session 3: Shaping an Overall Approach to Protection Introductions: Jerry Reichman and Estelle Derclaye  In what ways should different forms of protection be tailored to various types of subject matter (construed legally as forms of intellectual property, but also subject … Continue reading

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Design Law Scholars Roundtable part 2

Session 2: Legal Protection for Design Introduction: Chris Sprigman: what kinds of protection should be available depends on what the justifications for protection are. Incentives: requires us to ask about motivations of designers, the companies that employ them. Design of … Continue reading

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Design Law Scholars Roundtable (Notre Dame) part 1

I have just now gotten around to my notes from this excellent roundtable. Introduction: Mark McKenna & Graeme Dinwoodie Why do a roundtable like this? Putting together scholarly discussion for long-term outputs rather than particular works in the short term. … Continue reading

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Trademark overprotection panel, Suffolk

Second Annual Intellectual Property & Innovation Conference Suffolk University Law School NCSG The State of Trademark “Overprotection” by Courts and the PTO. What Happens When Institutions Overprotect Trademark Rights? Moderator: Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor … Continue reading

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company claiming rights in “overhead doors” makes little headway against challenger

OGD Equipment Co. v. Overhead Door Corp., No. 17-cv-00898-ALM-KPJ, 2019 WL 5390589 (E.D. Tex. Jul. 15, 2019) This is the magistrate judge’s R&R, subsequently adopted by the court. OGD is a Texas “residential and commercial door repair and installation company” … Continue reading

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TM/ad text question of the day

The shorthand rule in the US is that if you don’t use the competitor’s trademark in your ad text, you’re fine. What if you do? The below ad (which you get by searching “broken Garmin mounts”) isn’t an explicit statement, … Continue reading

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