Tag Archives: trademark

Reading list: Trademarks in an Algorithmic World

Posted on January 18, 2024 by rtushnet

 “Consumers used to watch ads; now, ads watch them.” So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World, 98 Wash. L. Rev. 1123 (2023).  Abstract:  According to the sole normative foundation … Continue reading →

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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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Tea Rose flour ads

Posted on January 15, 2024 by rtushnet

 Thanks, Library of Congress! My search for depictions of the dueling Tea Rose flours in Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), had previously been futile, but not any more. from Blogger http://tushnet.blogspot.com/2024/01/tea-rose-flour-ads.html

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where cross-examination exposes lack of TM confusion, out-of-court confusion “evidence” becomes less credible

Posted on January 5, 2024 by rtushnet

Florida Virtual School v. K12, Inc., 2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. Fla. Jan. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. statements as … Continue reading →

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comparison charts could infringe, but properly labeled internal search didn’t

Posted on January 3, 2024 by rtushnet

Penn Engineering & Manufacturing Corp. v. Peninsula Components, Inc., 2023 WL 9051998, No. 19-513 (E.D. Pa. Dec. 28, 2023) Penn Engineering designs and manufactures various types of fasteners sold under various trademarks, and alleged that Peninsula sold identical fasteners while … Continue reading →

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reseller’s unsuccessful challenge to takedown notices leads to more successful infringement counterclaim

Posted on December 20, 2023 by rtushnet

CDC Newburgh Inc. v. STM Bags, LLC, — F.Supp.3d —-, 2023 WL 6066136, 22-cv-1597 (NSR) (S.D.N.Y. Sept. 18, 2023) CDC sued STM, alleging violations of New York state and federal law arising from STM’s involvement in the removal of ten … Continue reading →

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Using dominant competitor’s part names/numbers for comparison isn’t false advertising, TM infringement, or (c) infringement

Posted on December 18, 2023 by rtushnet

There really should be a fee shift when a competitor harasses another competitor for daring to make comparisons of part numbers, but we don’t seem to live in that world.  Simpson Strong-Tie Co. v. Mitek Inc., 2023 WL 8697700, No. … Continue reading →

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Amicus brief on applying the Lanham Act to political speech post-JDI

Posted on December 6, 2023 by rtushnet

 In support of neither party. from Blogger http://tushnet.blogspot.com/2023/12/amicus-brief-on-applying-lanham-act-to.html

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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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