Tag Archives: trademark

sunglasses reseller liable for (c) infringement, maybe TM/false advertising/tortious interference

Posted on September 10, 2020 by rtushnet

Maui Jim, Inc. v. SmartBuy Guru Enters., No. 1:16 CV 9788, — F.Supp.3d —-, 2020 WL 4435320 (N.D. Ill. Feb. 24, 2020) Maui Jim alleged that the defendants sold non-genuine Maui-Jim-branded sunglasses while using its copyrighted photographs to falsely advertise … Continue reading →

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social media posts using models’ images could be false advertising etc.

Posted on September 9, 2020 by rtushnet

Two cases in this burgeoning genre, with different results on conversion claims but otherwise similarly highly favorable for the plaintiffs, including on statute of limitations/single publication rulings. Moreland v. Beso Lounge & Restaurant LLC, 2020 WL 5302312, No. 19-cv-00958 (VLB) … Continue reading →

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T-shirts as noncommercial speech (and an issue-spotter fact pattern)

Posted on September 8, 2020 by rtushnet

Cornette v. Graver, 2020 WL 4059589, No. 19-cv-219 (W.D. Pa. Jul. 20, 2020) Cornette is a professional wrestling commentator and “personality” who sued defendants for infringing his trademark rights and right of publicity by selling disparaging t-shirts bearing his name … Continue reading →

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IPSC Panel 15 – Trademark Law II

Posted on August 21, 2020 by rtushnet

Trademark Fame and Corpus Linguistics, Jake Linford, FSU College of Law and Kyra Nelson, Independent Dilution protects famous marks as if they were monosemous: having same source meaning no matter what goods/services applied to. Proposal: use data about TM use … Continue reading →

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using picture of competitor’s product as reverse passing off

Posted on August 18, 2020 by rtushnet

John Bean Tech. Corp. v. B GSE Gp., LLC, 2020 WL 4698984, No. 1:17-cv-142-RJS-DAO (D. Utah Aug. 13, 2020) Plaintiff JBT “is a major player in the aviation industry for ground support equipment,” used to maintain aircraft, including preconditioned air … Continue reading →

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“all IP” puts C&D recipient on notice of TM (R), and a bit on the meaning of blue check marks

Posted on August 14, 2020 by rtushnet

Commodores Entertainment Corp. v. McClary, Nos. 19-10791, 19-12819, — Fed.Appx. —-, 2020 WL 4218236 (11th Cir. Jul. 23, 2020) As quickly summarized by the court: The prolonged dispute concerns the ownership of the mark “The Commodores,” the name of a … Continue reading →

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IPSC, Trademark

Posted on July 31, 2020 by rtushnet

IPSC – Trademark Law I Moderator: Mark McKenna  Trademark Depletion in a Global, Multilingual Economy: Evidence from the European Union (abstract) Jeanne Fromer and Barton Beebe, NYU School of Law  Notes on the EU system: runs in parallel with national … Continue reading →

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The McCarthy Series: U.S.P.T.O. v. Booking.com: What the Recent SCOTUS Ruling Means for Trademark Law

Posted on July 29, 2020 by rtushnet

My notes are messed up because I had technical difficulties! But the McCarthy Institute will apparently publish video on its YouTube channel. David Bernstein, Debevoise & Plimpton: intro to case/overview.  Hal Poret: Used a Teflon survey to educate consumers about … Continue reading →

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confusion over confusion: court holds that disparagement can be infringing

Posted on July 22, 2020 by rtushnet

Nutreance LLC v. Primark, LLC, 2020 WL 3892995, No. 4:18-cv-00098-SRC (E.D. Mo. Jul. 10, 2020) “This is a trademark infringement/false advertising case involving competitors in the nutritional-supplements market.” The court holds that the alleged bad conduct is actionable, but unfortunately … Continue reading →

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July 29 Webinar – The McCarthy Series: What the BOOKING.COM Ruling Means for Trademark Law

Posted on July 22, 2020 by rtushnet

I’ll be part of the panel:  On Wednesday, July 29th, at 12 noon Eastern Standard Time (9 AM PST), the McCarthy Institute will host a webinar to discuss the ramifications of the Supreme Court’s decision in USPTO. v. Booking.com B.V. … Continue reading →

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