Tag Archives: trademark

Panels on Exploring the New Constitutional Limits on Trademark Law

FRIDAY, NOV 3 2023 8:45AM – 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program. from Blogger http://tushnet.blogspot.com/2023/10/panels-on-exploring-new-constitutional.html

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5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

Rex Real Estate I, L.P. v. Rex Real Estate Exchange, Incorporated, — F.4th —-,  2023 WL 5735552, No. 22-50405 (5th Cir. Sept. 6, 2023) Doctrinal evolution is so fascinating! Here, I think we might be starting to see what a … Continue reading

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gray marketer’s counterclaims against Toyota survive, but it still must defend itself

One case, two opinions. Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2023 WL 5206884, No. 22-cv-1681 (KMM/JFD) (D. Minn. Aug. 14, 2023) This opinion deals only with Allen’s counterclaims. Allen distributes Toyota replacement parts, manufactured by authorized suppliers … Continue reading

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claims about legality of insurance service are falsifable

Route App, Inc. v. Heuberger, 2023 WL 5334192, No. 2:22-cv-00291-TS-JCB (D. Utah Aug. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. Heuberger was a Route customer who then launched a competitor, Navidium. … Continue reading

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state consumer protection law gives competitor plaintiff more leeway than Lanham Act, court holds

SME Steel Contractors, Inc. v. Seismic Bracing Company, LLC, — F.Supp.3d —-, 2023 WL 4463246, No. 2:17-cv-00702-RJS-DAO (D. Utah Jul. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic … Continue reading

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Seen at the Capital Jewish Museum

 Fundraising brochure, Jewish Community Center of Northern Virginia 1989: “You should invest in community property” with Monopoly theme: from Blogger http://tushnet.blogspot.com/2023/08/seen-at-capital-jewish-museum.html

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What can experts testify to in Lanham Act cases? Not the law or regulations

GOLO, LLC v. Goli Nutrition Inc., 2023 WL 4952576, No. 20-667-RGA (D. Del. Aug. 3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to … Continue reading

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IPSC Closing Plenary Session

An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022) Robert Brauneis: Three layers—(1) object of discovery: creator and innovator accounts, concerns, what kind of conditions support/hinder them in their work; (2) … Continue reading

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IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? Ideas are nothing without financing. Banks will not give loans secured by patents; banking law constraints. How was Silicon Valley Bank able to make loans to startups before … Continue reading

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IPSC Breakout Session #1

Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works in a dead author’s style after they’re gone and create conversations with them … Continue reading

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