Tag Archives: trademark

“TM-compliant” ads not shown to be nominative fair use

Posted on March 10, 2023 by rtushnet

World Axe Throwing League, Inc. v. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. Cal. Feb. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing … Continue reading →

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UCL claim could be based on lost opportunity to register trademark

Posted on March 10, 2023 by rtushnet

Zamfir v. CasperLabs, LLC, 2023 WL 2415262, No. 21-CV-474 TWR (AHG) (S.D. Cal. Mar. 8, 2023) Previous ruling. Zamfir, a blockchain researcher, alleged that he was known for his proof-of-stake (PoS) protocol; he adopted the name “Casper” for the research … Continue reading →

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Trademark question of the day, Harvard edition

Posted on February 28, 2023 by rtushnet

 When I was younger, I had a shirt that had VE RI OLD in the traditional Harvard shield configuration. The local burrito place just rolled these out, and I love them: from Blogger http://tushnet.blogspot.com/2023/02/trademark-question-of-day-harvard.html

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Fourteenth Trademark Scholars’ Roundtable, part 3 (Evidence)

Posted on February 25, 2023 by rtushnet

Changes in Trademark Law and Evidentiary Rules Introduction:   Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Sometimes rejecting surveys seems like judicial notice—“cola” as generic; the court doesn’t want to hear contrary survey evidence. Some objections … Continue reading →

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Fourteenth Trademark Scholars Roundtable, part 2

Posted on February 25, 2023 by rtushnet

 Session 2:        Responding to Anachronisms Introduction:   Mike Grynberg VIP may tell us a lot about what the potentials are. Incrementalism: read Lanham Act along with other things like its common law foundations and First Amendment principles—not empty formalism; recognize normative … Continue reading →

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Fourteenth Trademark Scholars’ Roundtable: Are Key Trademark and Unfair Competition Doctrines Anachronistic?

Posted on February 24, 2023 by rtushnet

UCLA School of Law Mark Janis: 1st day of TM: students’ experience of brands as used by owners & 3rd parties is so disconnected from the historical traditions of TM. Anachronism may give away too much by suggesting the cause … Continue reading →

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facially plausible false advertising claim can be added to TM complaint

Posted on October 29, 2021 by rtushnet

In case you’re looking for a roadmap for leave to amend:  Ideavillage Products Corp. v. Copper Compression Brands LLC, 2021 WL 5013799, No. 20 Civ. 4604 (KPF) (S.D.N.Y. Oct. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation … Continue reading →

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Puzzlingly calling a venue name a “title,” court nonetheless rejects claim against MTV show

Posted on October 25, 2021 by rtushnet

MGFB Properties, Inc. v. ViacomCBS INC., 2021 WL 4843905, NO. 5:19cv257-RH-MJF (N.D. Fla. Sept. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. The district court granted summary … Continue reading →

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Disney’s Toy Story 4 daredevil not legally risky

Posted on October 8, 2021 by rtushnet

K & K Prods., Inc. v. Walt Disney Studios Motion Pictures, No. 2:20-CV-1753 JCM (NJK) (D. Nev. Sept. 23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, … Continue reading →

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Ice Cube’s case against Robinhood melts again

Posted on October 7, 2021 by rtushnet

Jackson v. Robinhood Markets, Inc., No. 21-cv-02304-LB (N.D. Cal. Sept. 20, 2021) Previously, the court dismissed Ice Cube’s ROP and false endorsement claims for lack of standing because pleading an appearance in a financial newsletter does not suffice to plead … Continue reading →

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