Tag Archives: trademark

no Lanham Act claims, including false advertising, allowed over cannabis

Posted on December 30, 2020 by rtushnet

Shulman v. Kaplan, 2020 WL 7094063, No. 2:19-CV-05413-AB (FFMx) (C.D. Cal. Oct. 29, 2020) The parties compete in the cannabis market, and some defendants formerly worked with Shulman, but that relationship broke down. Shulman sued, alleging four federal claims and … Continue reading →

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What Dastar took, does 1202 give back?

Posted on December 14, 2020 by rtushnet

Another older case found in my year-end roundup. Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla provides “professional architectural services to various construction projects.” Defendants own a “luxury construction project” at 324–326 West 108th … Continue reading →

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Penn. dilution is broader than federal dilution; former licensee might not own marks despite its registrations

Posted on December 11, 2020 by rtushnet

I.M. Wilson, Inc. v. Otvetstvennostyou “Grichko,” No. 18-5194, 2020 WL 6731109 (E.D. Pa. Nov. 13, 2020) The OG parties are Russian and Czech entities that manufacture and sell ballet and pointe shoes under the name GRISHKO. In the early 1990s, … Continue reading →

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MGM ekes out motion to dismiss TM claim against movie content

Posted on December 9, 2020 by rtushnet

Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc., No. CV 20-4822-PLA, 2020 WL 6875178 (C.D. Cal. Oct. 23, 2020) The Honey Badger case continues to screw up 9th Circuit law, here making a movie’s protection against allegations of trademark … Continue reading →

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When is “verified by [platform]” an actionable misrepresentation about authenticity?

Posted on December 8, 2020 by rtushnet

Choon’s Design, LLC v. Contextlogic Inc., 2020 WL 6891824, No. 19-cv-05300-HSG (N.D. Cal. Nov. 24, 2020) Defendant Contextlogic runs Wish, which is allegedly a “bargain hunting retail website and smartphone shopping application,” with 94 percent of its merchants based in … Continue reading →

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allegedly false warranty letter not material, but could still be TM infringement

Posted on December 7, 2020 by rtushnet

Window World Int’l, LLC v. O’Toole, 2020 WL 7041814, No. 4:19-cv-2363-SEP (E.D. Mo. Nov. 30, 2020) Plaintiff WW sells exterior home remodeling products, and licenses independently owned/operated franchises to distribute them. Defendants are franchisees/related people. They sued WW in North … Continue reading →

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Amicus brief in Stouffer v. Nat’l Geographic (a title v title infringement case)

Posted on November 10, 2020 by rtushnet

With Mark Lemley, Mark McKenna, and a number of other IP professors, I submitted this amicus brief arguing that the 10th Circuit should adopt Rogers v. Grimaldi (without any exclusion for title v title claims) for assessing trademark claims against … Continue reading →

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solar flareup: Panasonic and Tesla successor in interest in false advertising battle

Posted on November 3, 2020 by rtushnet

I know you want to read about a false advertising dispute that, for once, tries to work around the restrictions of trademark law and not the other way around! Kinect Solar, LLC v. Panasonic Corp., No. 1:20-CV-378-LY, 2020 WL 6385292 … Continue reading →

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trademark law continues as 500 pound gorilla in glue case

Posted on October 30, 2020 by rtushnet

J-B Weld Company, LLC v. Gorilla Glue Co., — F.3d —-, 2020 WL 6144561, No. 18-14975 (11th Cir. Oct. 20, 2020) This case illustrates how much leeway trademark claims often get and how little false advertising claims do. My daughter … Continue reading →

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Disparagement doesn’t cause TM confusion (and a covid-related claim)

Posted on October 29, 2020 by rtushnet

Dupart v. Roussell, 2020 WL 6308339, No. 20-1406 (E.D. La. Oct. 28, 2020) Plaintiffs (Dupart and Harris) alleged that Roussell’s YouTube videos and Instagram posts discuss their personal lives and Dupart’s cosmetics brand, Kaleidoscope, which competes with Roussell’s Sip Cosmetics. … Continue reading →

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