Tag Archives: trademark

conclusory allegations of confusion don’t allege statutory standing for TM claim

Posted on July 3, 2023 by rtushnet

Blacks in Technology Int’l v. Greenlee, 2023 WL 4186376, No. 3:20-CV-3008-X (N.D. Tex. Jun. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). On … Continue reading →

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

Posted on July 3, 2023 by rtushnet

Industria De Alimentos Zenu S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM) (MAH), 2023 WL 4200169, — F. Supp. 3d — (D.N.J. Jun. 27, 2023)   Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against … Continue reading →

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And Taco Tuesday

Posted on June 28, 2023 by rtushnet

 Speaking of authenticity, here is a funny WSJ podcast–even if you don’t listen to the whole thing, it’s worth listening to Gregory Gregory claim he invented Taco Tuesday, the discussion of its appearance in the 1930s, and then the last … Continue reading →

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A&E’s (c) and TM claims survive against former producer’s new version of cop show

Posted on June 26, 2023 by rtushnet

A&E Television Networks, LLC v. Big Fish Entertainment, LLC, 2023 WL 4053871, No. 22 Civ. 7411 (KPF) (S.D.N.Y. Jun. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the … Continue reading →

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Even counterfeiters can make nonconfusing uses where use clearly indicates compatibility rather than source

Posted on June 19, 2023 by rtushnet

JUUL Labs, Inc. v. Chou, — F.Supp.3d —-, No. CV 21-3056 DSF (PDx), 2023 WL 3886046 (C.D. Cal. Jun. 8, 2023) Juul, which makes vaping products including charging docks/cases and cables for the main devices, sued defendants for trademark infringement … Continue reading →

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Nominative fair use of a logo on a motion to dismiss: common sense has its day

Posted on June 19, 2023 by rtushnet

Xfinity Mobile v. Globalgurutech LLC, 2023 WL 3998459, No. CV-22-01950-PHX-SMB (D. Ariz. Jun. 14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. Judge Leval in scholarship, Trademark: Champion of Free Speech, … Continue reading →

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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

Posted on May 22, 2023 by rtushnet

Souza v. Exotic Island Enters., Inc., 2023 WL 3556053, No. 21-2149-cv, — F.4th —- (2d Cir. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the … Continue reading →

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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

Posted on May 19, 2023 by rtushnet

Roblox Corp. v. Wowwee Gp. Ltd., 2023 WL 2433970, — F. Supp. 3d –, No. 22-cv-04476-SI (N.D. Cal. Mar. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Users interact … Continue reading →

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Trademark and Unfair Competition Scholarship Roundtable 2023 Reminder: Submissions Due May 15, 2023

Posted on May 8, 2023 by rtushnet

The Engelberg Center on Innovation Law & Policy will host this year’s Trademark and Unfair Competition Scholarship Roundtable. The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range … Continue reading →

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Pandemic art kit didn’t infringe artist’s rights

Posted on May 2, 2023 by rtushnet

 Keck v. Mix Creative Learning Center, LLC, No. 4:21-CV-00430, 2022 WL 19691177 (S.D. Tex. Dec. 19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; … Continue reading →

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