Tag Archives: trademark

Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024

Posted on May 13, 2024 by rtushnet

 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and … Continue reading →

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Hetronic remand: the continued rise of “use”

Posted on April 29, 2024 by rtushnet

Hetronic International, Inc. v. Hetronic Germany GmbH, — F.4th —-, Nos. 20-6057 & 20-6100, 2024 WL 1724995 (10th Cir. Apr. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the … Continue reading →

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Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat

Posted on April 15, 2024 by rtushnet

Good Meat Project v. GOOD Meat, Inc., — F.Supp.3d —- , 2024 WL 1083462,  No. 23-cv-04145-RFL (N.D. Cal. Feb. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. It provides farmers, ranchers, and butchers with … Continue reading →

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RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications

Posted on April 5, 2024 by rtushnet

BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc., — F.4th —-, 2024 WL 1356981, Nos. 22-16190, 22-16281 (9th Cir. Apr. 1, 2023) Over a dissent, the panel reverses the grant of summary judgment on noninfringement, reasoning that the … Continue reading →

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My latest acquisition

Posted on April 4, 2024 by rtushnet

 My son informs me that this is an “illegal build” but I like it anyway. from Blogger http://tushnet.blogspot.com/2024/04/my-latest-acquisition.html

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Nominative fair use requires D to prevail on all 3 factors in 9th Circuit, district court concludes

Posted on March 21, 2024 by rtushnet

Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, — F.Supp.3d —-, No.: 2:20-cv-01344-JAD-MDC (D. Nev. Jan. 16, 2024) The court grants plaintiff’s motion for reconsideration of parts of this case, discussed previously. Axon alleged that LHB infringed Axon’s “Taser” mark. … Continue reading →

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CFP: Trademark and Unfair Competition Scholarship Roundtable 2024

Posted on March 21, 2024 by rtushnet

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and … Continue reading →

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Earth, Wind & Infringement: TM owner succeeds against overclaiming “reunion” band

Posted on March 14, 2024 by rtushnet

Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, — F.Supp.3d —-, 2024 WL 1025265, No. 23-20884-CIV-MORENO (S.D. Fla. Mar. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the … Continue reading →

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Two hospitals can both be best, and use purple ads (for now at least)

Posted on March 6, 2024 by rtushnet

NYU Langone Health Sys. v. Northwell Health, Inc., 2024 WL 898941, No. 23-CV-5032 (VEC) (S.D.N.Y. Mar. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, … Continue reading →

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TMSR Session 3: Private Actors…and their Machines

Posted on February 24, 2024 by rtushnet

Introduction: Jeanne Fromer Private actors pursue their own interests. Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. It’s also cheaper, and Amazon is notoriously cheap. Affecting … Continue reading →

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