Tag Archives: trademark

WIPIP session 7: Design Law

Posted on February 4, 2024 by rtushnet

Rachael Dickson, Administrative Discrimination? At the Trademark Office [I feel like there’s a Panic! At the Disco joke to be made here.] ID manual: a searchable database of acceptable IDs of goods/services, regularly updated and changed to adapt; you can … Continue reading →

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WIPIP session 6: IP Theory

Posted on February 3, 2024 by rtushnet

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Joy of producing/consuming can be important motivation for activities, though, … Continue reading →

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WIPIP session 4: ™ & Consumers

Posted on February 3, 2024 by rtushnet

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and … Continue reading →

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WIPIP session 3: Cultural Production

Posted on February 3, 2024 by rtushnet

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property  IP rights are state-dependent, property-dependent models so make false promises of equality. History of art as propaganda: art can support war or speak truth to power. Iran … Continue reading →

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WIPIP session 2: ™ Doctrine, © Fair Use

Posted on February 2, 2024 by rtushnet

Barbara Lauriat, Borrowing Goodwill Comparative/historical approach to doctrine/theory. There used to be a big difference between having a TM and passing off. Bone/McKenna’s history of goodwill: didn’t reflect her understanding of the history: seen goodwill used as a property right … Continue reading →

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mistaken calls from nonpurchasers have little weight in real estate TM case

Posted on January 19, 2024 by rtushnet

Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., 2024 WL 195999, No. 23-6895 (E.D. La. Jan. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). … Continue reading →

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Reading list: Trademarks in an Algorithmic World

Posted on January 18, 2024 by rtushnet

 “Consumers used to watch ads; now, ads watch them.” So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World, 98 Wash. L. Rev. 1123 (2023).  Abstract:  According to the sole normative foundation … Continue reading →

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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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Tea Rose flour ads

Posted on January 15, 2024 by rtushnet

 Thanks, Library of Congress! My search for depictions of the dueling Tea Rose flours in Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), had previously been futile, but not any more. from Blogger http://tushnet.blogspot.com/2024/01/tea-rose-flour-ads.html

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where cross-examination exposes lack of TM confusion, out-of-court confusion “evidence” becomes less credible

Posted on January 5, 2024 by rtushnet

Florida Virtual School v. K12, Inc., 2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. Fla. Jan. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. statements as … Continue reading →

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