Tag Archives: trademark

hashtags are plausibly infringing; sales claims plausibly false based on P’s own history of sales

Posted on April 25, 2023 by rtushnet

Automated Pet Care Prods., LLC v. Purlife Brands, Inc., 2023 WL 3046592, No. 22-cv-04261-VC (N.D. Cal. Apr. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller … Continue reading →

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May the Fourth promotion seen in the wild

Posted on April 21, 2023 by rtushnet

Not sure I’d want to describe my own food as Bantha meat, but ok. from Blogger http://tushnet.blogspot.com/2023/04/may-fourth-promotion-seen-in-wild.html

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Even in default, it’s not TM infringement to resell legitimate goods (but maybe false advertising to call them new)

Posted on April 17, 2023 by rtushnet

Quincy Bioscience, LLC v. BRYK Enters., LLC, 2023 WL 2933464, No. 22-cv-658-jdp (W.D. Wis. Apr. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first … Continue reading →

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Bad Spaniels: trademark parody and fair use doctrines at Northeastern, Apr. 13, 4 pm

Posted on April 10, 2023 by rtushnet

Join Professor Rebecca Tushnet and Professor Alexandra J. Roberts for a conversation about Jack Daniels v. VIP Products. Register here. Date and time Thursday, April 13 · 4 – 5:30pm EDT Location Northeastern University School of Law 416 Huntington Avenue Boston, … Continue reading →

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

Posted on March 31, 2023 by rtushnet

Estate of Henry Joseph Darger v. Lerner, 2023 WL 2664341, No. 22 C 03911 (N.D. Ill. Mar. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” The Estate alleged that his copyrights … Continue reading →

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Protecting Creativity with a Bottle of Jack on the Floribama Shore (and tiny JDI oral argument observations)

Posted on March 24, 2023 by rtushnet

Media Law Resource Center conference, Southwestern Law School Kevin Vick, Jassy Vick Carolan LLP (Moderator) Just a few panel notes since I’m not going to recap Rogers or MFGB v. Viacom. Evynne Grover, Vice President, Media Liability Claims Practice Leader, … Continue reading →

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Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023

Posted on March 22, 2023 by rtushnet

 Trademark and Unfair Competition Scholarship Roundtable 2023   The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable is designed to be … Continue reading →

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Panel on Jack Daniels argument at AU-WCL, March 22

Posted on March 20, 2023 by rtushnet

 IP at the Supreme Court Series: Jack Daniel’s Properties, Inc. v. VIP Products LLC March 22 | 5:00 – 6:30pm EDT | Hybrid | NT01 | Reception to FollowRegistration Required Moderated by Professor Christine Farley American University Washington College of Law regularly … Continue reading →

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New paper: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny

Posted on March 15, 2023 by rtushnet

On SSRN, in advance of the JDI v. VIP case: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny Abstract: Does trademark law cover noncommercial speech, defined as it is in First Amendment doctrine as speech … Continue reading →

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Jack Daniels reply brief: the horror!

Posted on March 14, 2023 by rtushnet

Is in. Obviously there are many things to say about it, but I suppose the easiest is that the parade of horribles sounds kind of just like a parade (albeit perhaps a Halloween one): VIP’s logic would extend to vases … Continue reading →

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