Tag Archives: trademark

(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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“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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