Tag Archives: trademark

Copyright preemption in trade dress claims?

Posted on September 20, 2024 by rtushnet

Scotts Company LLC v. SBM Life Science Corp., — F.Supp.3d —-, No. 2:23-cv-1541, 2024 WL 4217446 (S.D. Ohio Sept. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its … Continue reading →

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Organic search results aren’t TM “use”

Posted on August 30, 2024 by rtushnet

Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512, No. 2:23-cv-08536-SVW-MAR (C.D. Cal. Jul. 31, 2024) In 2024, people are still bringing keyword advertising cases. Walmart wins summary judgment. Alsa sells paint, including chrome paint, and claims common-law rights in … Continue reading →

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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 →

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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 →

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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 →

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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 →

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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

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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 →

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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 →

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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 →

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