Tag Archives: trademark

False endorsement remains broader than many state ROP laws

Posted on October 6, 2021 by rtushnet

Walkowicz v. American Girl Brands, LLC, 2021 WL 510729, No. 20-cv-374-jdp (W.D. Wis. Feb. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that  defendants misappropriated distinctive aspects of their personal identity into a … Continue reading →

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consumer’s bid to enjoin Redbubble’s sale of “counterfeits” fails

Posted on October 5, 2021 by rtushnet

Vinluan-Jularbal v. Redbubble, Inc., No. 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Cal. Sept. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. Despite ruling in her favor on a lot of … Continue reading →

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Laches bars TM claims but what counts as “Made in the USA” merits trial

Posted on October 4, 2021 by rtushnet

Illinois Tool Works Inc. v. J-B Weld Co., 2021 WL 4310576, No. 3:19-cv-1434 (JAM) (D. Conn. Sept. 22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy … Continue reading →

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Dastar doesn’t bar allegedly false advertising about source of planned development services

Posted on October 4, 2021 by rtushnet

LStar Development Gp., Inc. v. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. Sept. 23, 2021) LStar, which manages and sells development communities, sued defendants for trademark infringement, false designation of origin, and false advertising under the Lanham Act, as well … Continue reading →

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USC IP year in review, TM/ROP

Posted on October 4, 2021 by rtushnet

 My presentation, galloping across a bunch of developments. Slides here. Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of … Continue reading →

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maintaining outdated article on website about former supplier wasn’t false association

Posted on October 1, 2021 by rtushnet

Archi’s Acres, Inc. v. Whole Foods Market Service, Inc., 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. Cal. Feb. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. Whole Foods began purchasing small quantities of basil from … Continue reading →

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TM claimant may add false advertising claims as direct competitor

Posted on September 28, 2021 by rtushnet

Entrepreneur Media, Inc. v. Roach, 2021 WL 4134836, No. 8:20-cv-01690-JVS-AD (C.D. Cal. Jul. 1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur has 15 federal registrations that … Continue reading →

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TM complainant fails to sink its teeth into unrelated false advertising claims

Posted on September 28, 2021 by rtushnet

Vampire Family Brands, LLC v. MPL Brands, Inc., No. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. Cal. Aug. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive … Continue reading →

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Video game skates away from liability to pro skateboarder

Posted on September 27, 2021 by rtushnet

Miller v. Easy Day Studios Pty Ltd, 2021 WL 4209205, No. 20cv02187-LAB-DEB (S.D. Cal. Sept. 16, 2021) Gordon v. Drape did mess things up in the Ninth Circuit, but core Rogers cases are still simple. Defendants paid Zachary Miller, a … Continue reading →

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over dissent, 5th Circuit applies Lanham Act to political speech

Posted on September 23, 2021 by rtushnet

Alliance for Good Government v. Coalition for Better Government, No. 20-30233 (5th Cir. May 19, 2021) I sometimes hold out the hope that courts will develop a general treatment of the First Amendment/Lanham Act interaction. This case suggests that that … Continue reading →

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