Tag Archives: trademark

Alleging sponsorship/endorsement confusion can’t defeat clear nominative fair use

Posted on August 16, 2021 by rtushnet

Pasadena Tournament of Roses Ass’n v. City of Pasadena, 2021 WL 3553499, No. 2:21-CV-01051-AB-JEMx (C.D. Cal. Jul. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s … Continue reading →

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Lexmark applies to false endorsement, defeats noncelebrity claim (for now)

Posted on August 12, 2021 by rtushnet

Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C. Mar. 30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor … Continue reading →

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IPSC: Copyright and Trademark

Posted on August 12, 2021 by rtushnet

Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Clark D. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 … Continue reading →

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IPSC: Copyright & Trademark

Posted on August 4, 2021 by rtushnet

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial  Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are … Continue reading →

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Michael Jordan’s ROP claims against ads in the SI special issue on him

Posted on April 14, 2021 by rtushnet

 I just heard this discussed on a GALA (Global Advertising Lawyers Alliance, recommended for international updates) event, and fortuitously I’d decided to get my hands on a copy of the actual special issue. One thing I hadn’t realized from the … Continue reading →

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Recent reading: on brands and sumptuary codes

Posted on April 12, 2021 by rtushnet

Inspired by Kali Murray’s great comments at this past week’s Race and IP conference, some notes from recent reading: Virginia DeJohn Anderson, Creatures of Empire: How Domestic Animals Transformed Early America Relevant to TM and sumptuary laws (addressed in Barton Beebe’s … Continue reading →

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Fanciful Failures: Keeping Nonsense Marks off the Trademark Register

Posted on March 10, 2021 by rtushnet

 I’m excited to announce the publication of this Note by my former student Grace McLaughlin, which addresses the fascinating topic of marks optimized to get into Amazon’s system rather than to function as indications of source for humans. Highly recommended! … Continue reading →

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WIPIP SESSION 7.A. — Trademarks

Posted on February 20, 2021 by rtushnet

Jeanne Fromer & Barton Beebe, NYU School of Law The Future of Trademark Depletion in a Global, Multilingual Economy: Evidence and Lessons from the European Union TMs transcend boundaries b/c brands transcend boundaries; even small businesses are often looking beyond … Continue reading →

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IP writing competition for law students

Posted on February 17, 2021 by rtushnet
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Rogers v. Grimaldi and the TMA

Posted on January 15, 2021 by rtushnet

The legislative history of the TMA, just enacted into law, includes several paragraphs blessing Rogers v. Grimaldi and saying it’s what Congress understands the Lanham Act to mean. I’d be interested to know how that got in there, and I wonder … Continue reading →

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