Tag Archives: trademark

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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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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