Tag Archives: trademark

It wasn’t malpractice to argue unauthorized use of name was false association, not false advertising

Majorsky v. Lieber, No. 798 WDA 2017, 2019 WL 1092543 (Pa. Super. Ct. Mar. 8, 2019) Majorsky and two business partners, Douglas and Natale, purchased the D.J. Hess Advertising Company. “D.J. Hess is a partnership that sells promotional products, items … Continue reading

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copying without infringement, falsity without materiality in adhesive case

J-B Weld Co., LLC v. Gorilla Glue Co., 2018 WL 6356768, No. 17-CV-03946-LMM (N.D. Ga. Oct. 17, 2018) Among other things, this case is a reminder that when you sue a competitor for false advertising you can often expect counterclaims–here … Continue reading

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Belmora doesn’t replace 43(a)’s usual requirement of protectable subject matter in standard trade dress case

Secret of the Islands, Inc. v. Hymans Seafood Company, Inc., 2019 WL 917209, No. 2:17-cv-342-BHH (D.S.C. Feb. 25, 2019) SOTI sells salt scrubs and other body products; salt scrubs can be used as hand soap, but also exfoliate and moisturize. … Continue reading

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ICANN and the New Top-Level Domains, panel 2

ICANN and the New Top-Level Domains “Walled Gardens:” Should gTLDs Become Private Platforms? Becky Burr, ICANN Board & Neustar: We used to talk about .kids as a walled garden/moderated content for kids, a safe space. [Based on what we know … Continue reading

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ICANN and the New Top-Level Domains part 1

American University Washington College of Law YouTube link Welcome, Christine Haight Farley, American University Washington College of Law We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains (“gTLDs”) … Continue reading

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Selling copyright-infringing content isn’t trademark infringement or false advertising

Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading

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