Tag Archives: trademark

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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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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