Tag Archives: trademark

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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TMSR Session 2: Administrative Agencies and Specialized Courts

Posted on February 24, 2024 by rtushnet

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something needs to change, then it can change quite quickly. But the flipside is that it’s seen in light of what the … Continue reading →

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15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

Posted on February 23, 2024 by rtushnet

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law.  [see also Booking: … Continue reading →

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Descriptive mark Bike+ w/minimal marketing fails to show reverse confusion

Posted on February 21, 2024 by rtushnet

World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D. Cal. Feb. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. It sued Peloton for trademark infringement and … Continue reading →

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CFP: trademark, competition, or antitrust law

Posted on February 20, 2024 by rtushnet

 I received a request to disseminate this CFP from the Jerzy Wiszniewski Foundation. Works in any of the following fields may be entered in the competition: Օ Trademark law Օ Competition law Օ Antitrust law. The work may be a … Continue reading →

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Cardozo A&ELJ symposium, Trademark

Posted on February 16, 2024 by rtushnet

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions … Continue reading →

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misrepresentation to Amazon isn’t “commercial advertising or promotion”

Posted on February 16, 2024 by rtushnet

Amazon.com, Inc. v. Wong, 2024 WL 553695, NO. C19-0990JLR (W.D. Wash. Feb. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Amazon and Nite Ize sued Wong for selling hundreds of thousands … Continue reading →

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