Tag Archives: trademark

Amicus brief on unconstitutionality of dilution by tarnishment

Posted on August 5, 2025 by rtushnet

 Filed in the return of JDI v. VIP to the Ninth Circuit. from Blogger http://tushnet.blogspot.com/2025/08/amicus-brief-on-unconstitutionality-of.html

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resale is not a misrepresentation of being an authorized seller under false advertising law

Posted on August 4, 2025 by rtushnet

FB Select, LLC v. Ocean Blue Trading, LLC, No. 24-cv-8425 (PKC), 2025 WL 2172653 (S.D.N.Y. Jul. 31, 2025) Finding cases where TM and false advertising law give different outputs on the same facts because of lack of harm/materiality/falsity is my … Continue reading →

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alleged use of competitor’s corporate “persona” didn’t cause actionable confusion

Posted on July 24, 2025 by rtushnet

SME Steel Contractors, Inc. v. Seismic Bracing Co., LLC, No. 2023-2426, 2025 WL 2057365 (Fed. Cir. Jul. 23, 2025) Discussion of previous district court opinion here. Because a patent is involved, the appeal on all issues goes to the Federal … Continue reading →

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no initial interest confusion from a deactivated product page that list zero results

Posted on July 23, 2025 by rtushnet

Alsa Refinish LLC v. The Home Depot, Inc., 2025 WL 2014281, No. 2:23-cv-09965-SVW (C.D. Cal. Mar. 18, 2025) Previous discussion of related case by same plaintiff. The Home Depot “sells home improvement products, including a wide assortment of paints and … Continue reading →

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XL BBL and Petite BBL are generic for what you think they’re generic for

Posted on July 22, 2025 by rtushnet

Andre P. Marshall, M.D. Inc. v. Squlpt Management, LLC, 2025 WL 2025000, No. 2:24-cv-01784-SB-AS (C.D. Cal. Jul. 14, 2025) The interesting false advertising component of this case doesn’t get resolved on summary judgment, but we do get a finding that … Continue reading →

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New book chapter on advertising, TM, and antitrust

Posted on July 16, 2025 by rtushnet

Misleading advertising as a matter of unfair competition law  Graeme B Dinwoodie and Ansgar Ohly (eds), Research Handbook on Unfair Competition and Passing Off (Edward Elgar, forthcoming 2026) Abstract The prohibition of false and misleading advertising should be the prototypical … Continue reading →

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breast pump rules: Think Green’s trade dress claims against Medela proceed to trial

Posted on July 7, 2025 by rtushnet

Think Green Ltd. v. Medela AG, 2025 WL 1826137, No. 21 CV 5445 (N.D. Ill. Jul. 2, 2025) Think Green sued Medela for infringing its trade dress in its breast pump, as well as false advertising claims that were quickly … Continue reading →

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5th Circuit agrees that joint TM owners can’t sue each other under any Lanham Act theory

Posted on July 4, 2025 by rtushnet

Reed v. Marshall, — F.4th —-, 2025 WL 1822673, No. 24-20198 (5th Cir. Jul. 2, 2025) Jade, an R&B, hip hop, and soul vocal group, rose to prominence in the 1990s. Jade disbanded in 1995, when the members began pursuing … Continue reading →

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Scotts loses trade dress claim over green & gold for Miracle-Gro

Posted on July 1, 2025 by rtushnet

Scotts Co. v. Procter & Gamble Co., 2025 WL 1779167, No. 2:24-cv-4199 (S.D. Ohio Jun. 27, 2025) A different Scotts trade dress claim than the one I blogged last year. While it’s hard to get rid of trademark claims on … Continue reading →

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parties’ marketing to Spanish speakers in SoCal is not meaningful marketing overlap

Posted on June 25, 2025 by rtushnet

Olé Mexican Foods Inc. v. SK Market Inc., 2025 WL 1717646, No. 2:25-cv-01877-WLH-BFM (C.D. Cal. May 13, 2025) Courts have already converged on “everybody uses the internet to market, so that’s not a significant overlap.” This is the first decision … Continue reading →

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