Tag Archives: trademark

TM/ad text question of the day

Posted on October 25, 2019 by rtushnet

The shorthand rule in the US is that if you don’t use the competitor’s trademark in your ad text, you’re fine. What if you do? The below ad (which you get by searching “broken Garmin mounts”) isn’t an explicit statement, … Continue reading →

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Bad definition of suggestiveness in a sad TM case about anti-hate groups

Posted on October 4, 2019 by rtushnet

Life After Hate, Inc. v. Free Radicals Project, Inc., 2019 WL 4825072, No. 18 C 6967 (N.D. Ill Sept. 30, 2019) “At a time when people—particularly young people—are being radicalized online with alarming frequency, nonprofit organizations like Life After Hate … Continue reading →

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“use in a TM way” just creates another fact issue in the 6th circuit

Posted on October 4, 2019 by rtushnet

Ford Motor Co. v. InterMotive, Inc., No. 17-CV-11584-TGB, 2019 WL 4746811 (E.D. Mich. Sept. 30, 2019) Ford sued InterMotive for trademark infringement, false designation of origin, trademark dilution, cancelation of trademark registration, and declaratory judgment for using Ford’s trademarks in … Continue reading →

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small wonder: sleeve undergarment isn’t valid trade dress/innovation claim isn’t false advertising

Posted on September 27, 2019 by rtushnet

R and A Synergy LLC v. Spanx, Inc., No. 2:17-cv-09147-SVW-AS, 2019 WL 4390564 (C.D. Cal. May 1, 2019) The court dismissed trademark and false advertising claims brought by R&A based on their “Sleevey Wonders” sleeved undergarments designed to be worn … Continue reading →

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

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chilling effect: competitor’s name in text of keyword ad requires extreme care

Posted on September 26, 2019 by rtushnet

TSI Prods., Inc. v. Armor All/STP Prods. Co., 2019 WL 4600310, Nos. 17-cv-01131, 18-cv-1682 (MPS) (D. Conn. Sept. 23, 2019) TSI sued defendants for trademark infringement, unfair competition, and false advertising under the Lanham Act; for Sherman Act violations; and … Continue reading →

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Southern Poverty Law Center’s “hate group” designation isn’t false advertising, false association

Posted on September 23, 2019 by rtushnet

Coral Ridge Ministries Media, Inc. v. Amazon.com, Inc., No. 17cv566-MHT, 2019 WL 4547064 (M.D. Ala. Sept. 19, 2019) Coral Ridge sued the Southern Poverty Law Center (SPLC), Amazon.com, and the AmazonSmile Foundation. It alleged that, “because of its religious opposition … Continue reading →

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outdated website uses preserve TM infringement claim; false use of (R) doesn’t matter if it doesn’t cause harm

Posted on September 19, 2019 by rtushnet

Max Rack, Inc. v. Core Health & Fitness, LLC, 2019 WL 4451698, No. 16-cv-01015 (S.D. Ohio Sept. 17, 2019) Sloppy website maintenance likely denies defendant what otherwise would have been summary judgment victory on its ex-partner/now-competitor’s trademark infringement claims; meanwhile, … Continue reading →

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Does Rogers v. Grimaldi apply to false advertising claims?

Posted on September 4, 2019 by rtushnet

Dickinson v. Ryan Seacrest Enterprises, Inc., No. CV 18-2544-GW(JPRx), 2019 WL 3035090 (C.D. Cal. Mar. 26, 2019) This dispute over alleged supermodel Janice Dickinson’s appearance in a reality show is going up to the 9th Circuit.  Here, the district court … Continue reading →

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