Tag Archives: trademark

Nominative fair use: when a logo is not too much

Posted on November 15, 2023 by rtushnet

It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still … Continue reading →

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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What’s next after Elster?

Posted on November 3, 2023 by rtushnet

UNH symposium: Section Two Small Panel III – What’s Next? Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. Strong job by gov’t … Continue reading →

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Old Bay or 420 Bud?

Posted on October 24, 2023 by rtushnet

 This sticker doesn’t seem particularly likely to confuse to me, and dilution is bunk: from Blogger http://tushnet.blogspot.com/2023/10/old-bay-or-420-bud.html

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TM co-owner can’t challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Posted on October 24, 2023 by rtushnet

Reed v. Marshall, 2023 WL 6963661, No. H-21-3942 (S.D. Tex. Oct. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. … Continue reading →

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TM and takings claims against Puerto Rico fail: license plates/tags aren’t use in commerce

Posted on October 11, 2023 by rtushnet

Clemente Properties, Inc. v. Urrutia, No. 22-1373 (GMM), 2023 WL 6201397, — F. Supp. 3d — (D.P.R. Sept. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious … Continue reading →

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Panels on Exploring the New Constitutional Limits on Trademark Law

Posted on October 10, 2023 by rtushnet

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

Posted on September 11, 2023 by rtushnet

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

Posted on September 6, 2023 by rtushnet

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

Posted on September 6, 2023 by rtushnet

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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