Tag Archives: trademark

Mislabeled image of competitor’s LED screen as LG’s gets LG in trouble

Sansi North America, LLC v. LG Electronics USA, Inc., 2019 WL 8168069, No. CV 18-3541 PSG (SKx) (C.D. Cal. Nov. 14, 2019) LG used a picture of Sansi’s LED displays in an article for a trade publication and accidentally labeled … Continue reading

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Trademark Scholars Roundtable, Stanford part 3

Session 3: Remedies in Trademark and Unfair Competition Cases   Introduction: Mark Lemley, Leah Chan Grinvald Discussant: Laura Heymann, Eric Goldman   [I had another conference in the morning so came in late.] Discussion of eBay’s effects. Burrell: In other … Continue reading

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Trademark Scholars Roundtable, Stanford part 2

Session 2: A Forward-Looking Perspective   To what extent should trademark or unfair competition law reflect consumer expectations or seek to shape or set them? Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual … Continue reading

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Trademark Scholars Roundtable, Stanford

Trademark Scholars Roundtable Session 1: The Current Framework   To what extent does current trademark or unfair competition law reflect consumer expectations or seek to shape or set them? Introduction: Stacey Dogan Categorize rules as norm shaping v. norm following. … Continue reading

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They chose unwisely: court blows another hole in Rogers by refusing to say that explicit means explicit

Chooseco LLC v. Netflix, Inc., No. 2:19-cv-08 (D. Vt. Feb. 11, 2020) Explicit doesn’t mean explicit in yet another sign of the pressure the Rogers test is under.  Chooseco sued Netflix for infringement (etc.) of its rights in Choose Your … Continue reading

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when you buy a business whose mark is the owner’s photo, make sure you get all the rights

Minott v. Wichita Water Conditioning, Inc., No. 18-cv-01656-MSK-SKC, 2020 WL 616359 (D. Colo. Feb. 7, 2020) Minott used to own Fluid, which operated a water conditioning business under the trade name Chuck, The Water Man. Fluid made extensive use of … Continue reading

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Amicus brief in Booking.com

Joined by a number of able trademark scholars, I filed this amicus brief in Booking.com in support of neither party, arguing that (1) genericness standards need to take into account the risks of overassertion/overprotection, and (2) unfair competition doctrine provides … Continue reading

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