Tag Archives: trademark

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outdated website uses preserve TM infringement claim; false use of (R) doesn’t matter if it doesn’t cause harm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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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Posted on August 27, 2019 by rtushnet

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading →

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conventional pharmacy achieves limited relief against marijuana dispensary

Posted on August 27, 2019 by rtushnet

White Hall Pharmacy LLC v. Doctor’s Orders RX Inc, No. 19-cv-00366-KGB, 2019 WL 3939357 (E.D. Ark. Aug. 20, 2019) In this cannabis case, the court granted a preliminary injunction against a dispensary.  White Hall operates two pharmacies under the trade … Continue reading →

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District court makes up a new, worse test for TM claims against noncommercial speech

Posted on August 26, 2019 by rtushnet

Stouffer v. Nat’l Geographic Partners, LLC, 2019 WL 3935180, No. 18-cv-3127-WJM-SKC (D. Colo. Aug. 20, 2019) Stouffer, who (with his coplaintiff production company and his brother, who is not a plaintiff) produced the Wild America nature documentary series, sued National … Continue reading →

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Weight Watchers competitor wins dismissal of TM claims over “millennials are calling [it] Weight Watchers 2.0” ad

Posted on August 23, 2019 by rtushnet

Weight Watchers Int’l, Inc. v. Noom, Inc., 2019 WL 3890139, No. 18-cv-9637 (PKC) (S.D.N.Y. Aug. 19, 2019) Noom markets “weight-loss services based on nutrition and lifestyle advice dispensed through a mobile app.” It ran some ads that mentioned Weight Watchers. … Continue reading →

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