Tag Archives: trademark

6th Circuit applies JDI to political speech, but holds that disclaimers avoid confusion

Posted on August 30, 2024 by rtushnet

Libertarian National Committee, Inc. v. Saliba, No. 23-1856 (6th Cir. Aug. 28, 2024) Dissenting members of the Libertarian Party of Michigan maintain that they are the true Michigan affiliate. The Libertarian National Committee sued and the district court enjoined them … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Court accepts survey with disclaimer control that causes 38% confusion

Posted on August 27, 2024 by rtushnet

 Another ruling in the PNC v. Plaid case: PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3691607, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) Daubert motions for this case. I’ll only discuss the stuff I find interesting.   Kivetz … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Plaid must face jury on PNC’s TM/advertising claims, but has good laches/acquiescence argument

Posted on August 27, 2024 by rtushnet

PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3687956, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Punchbowl, punchback: district court finds confusion unlikely between invitation and political news sites

Posted on August 26, 2024 by rtushnet

Punchbowl, Inc. v. AJ Press LLC, 2:21-cv-03010-SVW-MAR (C.D. Cal. Aug. 22, 2024) Punchbowl home page Punchbowl News home page On remand from the 9th Circuit, the court conducts a multifactor likely confusion analysis and finds that Punchbowl’s digital invitation services … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Trademark question of the day

Posted on August 26, 2024 by rtushnet

 Spotted around town: For reference, here’s the Grand Theft Auto font: from Blogger http://tushnet.blogspot.com/2024/08/trademark-question-of-day.html

Posted in Uncategorized | Tagged | Leave a comment

Grubhub’s listing of unaffiliated restaurants on its platform could infringe TM

Posted on August 26, 2024 by rtushnet

Lynn Scott, LLC v. Grubhub Inc., 2024 WL 3673718, No. 20 C 6334 (N.D. Ill. Aug. 6, 2024) Restaurants brought a putative class action alleging that Grubhub used their names and logos confusingly, asserting claims under the Lanham Act. “Grubhub … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

IPSC Breakout 4 IP and Property/Contract Theory

Posted on August 9, 2024 by rtushnet

Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way of understanding institutions on the understanding that they’re not infinitely mutable. One shouldn’t begin with an unilateral approach on their ends. Ordinary … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC Breakout 3: Trademark and Unfair Competition

Posted on August 9, 2024 by rtushnet

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC session 2 copyright/trademark

Posted on August 8, 2024 by rtushnet

Copyrightable Subject Matter Kevin Collins, Copyright in Suburbia (Collins is a registered architect as well as a law prof) The stakes: whether © is “working” in suburbia matters in ways that might not be self-evident. Snack box approach: scattered observations … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC: IP in the Aftermath of the Supreme Court and some TM

Posted on August 8, 2024 by rtushnet

Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. This could … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment