Tag Archives: trademark

court rejects affiliation confusion theory for lack of harm, declines to order tarps over P’s goods

Posted on October 6, 2025 by rtushnet

Survitec Survival Prods., Inc. v. Fire Protection Service, Inc., 2025 WL 2782332, No. H-21-312 (S.D. Tex. Sept. 30, 2025) This case demonstrates exactly why harm to the plaintiff should be explicitly a part of a trademark case that relies on … Continue reading →

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HomeVestors opinion shows that post-JDI Rogers v. Grimaldi can’t give security to titles

Posted on October 1, 2025 by rtushnet

HomeVestors of America, Inc. v. Warner Bros. Discovery, Inc., 2025 WL 2301911, No. 22-1583-RGA (D. Del. Aug. 8, 2025) Rogers v. Grimaldi no longer provides a path to early dismissal for many expressive uses in titles. For titles, it might … Continue reading →

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TM question of the day: more than meets the eye?

Posted on September 4, 2025 by rtushnet

 My spouse and I both noticed this campaign around DC–it’s some sort of miltech. But what does Hasbro think? I found a page where the ad agency brags about creating limited edition action figures, which do look a lot like … Continue reading →

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keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

Posted on September 2, 2025 by rtushnet

Regalo Int’l LLC v. Aborder Prods. Inc, 2025 WL 2483167, No. 3:24-CV-03270-E (N.D. Tex. Aug. 28, 2025) Eric Goldman on the keyword ad aspects of this case about pet and baby gates. Regalo alleged that Aborder sold “knock-offs of Plaintiffs’ … Continue reading →

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graphic designer’s photos and hashtag using former client’s name didn’t infringe TM

Posted on August 21, 2025 by rtushnet

Hilber v. Malley’s Candies, Inc., 2025 WL 2402329, No. 1:22-CV-02305 (N.D. Ohio Aug. 19, 2025) Advertising is often created by independent contractors, which has copyright risks when things go sour. Here, the court denies summary judgment on the defendant’s implied … Continue reading →

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court rejects Schedule A claims against sellers of compatible parts/accessories

Posted on August 19, 2025 by rtushnet

Bestway Inflatables & Material Corp. v. Individuals, Corporations, Limited Liability Companies, Partnerships, & Unincorporated Associations Identified on Schedule A Hereto, 2025 WL 2380699, No. 24 C 11697 (N.D. Ill. Aug. 15, 2025) When they tell you that Schedule A cases … Continue reading →

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drug company plausibly alleged confusion about partnership but not falsity of “same drug” claims about Canadian imports

Posted on August 18, 2025 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2025 WL 2374490 (N.D. Ill. Aug. 15, 2025) AbbVie sells the specialty drugs Humira, Skyrizi, and Rinvoq. Payer Matrix is “an alternative funding provider that works with self-funded health plans … Continue reading →

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New article: History and Tradition in First Amendment Intellectual Property Cases: A Critique

Posted on August 11, 2025 by rtushnet

 Preprint available here. Abstract There are indications that the “history and tradition” approach the Supreme Court applied to gun rights and abortion restrictions may be coming for First Amendment doctrine. In intellectual property cases, it already has, with the Court using historical … Continue reading →

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IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act

Posted on August 8, 2025 by rtushnet

David Schwartz (Northwestern Pritzker School of Law), Christopher Cotropia (The George Washington University Law School), DOGE Days at the USPTO? Evidence from a Natural Experiment in Administrative Reform PTO provides some employees w/union protections and others not. As soon as … Continue reading →

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IPSC: Comparative & International IP

Posted on August 8, 2025 by rtushnet

Karen Sandrik, Marquette University Law School, Cultural Legacies and Innovation Barriers: Comparative Lessons from Post–Soviet Research Institutions for American Innovation Policy Slovakia: Comenius U press release about first official patent sold/assigned by a Slovak university. They spent a year negotiating … Continue reading →

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