Tag Archives: trademark

Team Blood Donor

Posted on July 15, 2024 by rtushnet

 Spotted in the wild: Team Blood Donor “cooling towel” with five colored, overlapping blood drop outlines on label Inova says, “[t]he Olympic-themed gifts add a fun and engaging element to the donation experience, making it more likely for donors to … Continue reading →

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Slow fashion: checkerboard design plausibly infringes another checkerboard design

Posted on July 3, 2024 by rtushnet

Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard … Continue reading →

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Initial thoughts on Elster

Posted on June 17, 2024 by rtushnet

In part so as not to repudiate big chunks of Tam/Brunetti, the Court instead delivers a major rebuke to Reed v. Town of Gilbert, 576 U.S. 155 (2015) (content-based regulation triggers strict scrutiny), except it doesn’t tell us the scope … Continue reading →

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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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