Tag Archives: trademark

Legal Applications of Marketing Theory, part 2

Posted on May 3, 2019 by rtushnet

Dominique Hanssens, Natalie Mizik, & Lorenzo Michelozzi, UCLA Anderson, Univ of Washington, Cornerstone Research, Brand Value, Marketing Spending and Royalty Rates Brands can create value, but require ongoing marketing. When licensed, disputes can arise about royalty rates and marketing support/maintenance … Continue reading →

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Legal Applications of Marketing Theory, part 1

Posted on May 3, 2019 by rtushnet

Jacob Gersen & Joel Steckel, Harvard Law & NYU Stern, Conference Introduction Steckel gave a talk on dilution years ago and RT tore him apart (sorry!); since then, he’s done work with Chris Sprigman to answer some of the Qs … Continue reading →

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hijacking another’s webpage for competing service is bad

Posted on May 1, 2019 by rtushnet

Spy Dialer, Inc. v. Reya LLC, 2019 WL 1873296, No. ED CV 18-1178 FMO (SHKx) (C.D. Cal Mar. 18, 2019) The parties compete in the market for reverse phone lookups.  When a user accessed plaintiff’s Spydialer.com, malicious computer code allegedly … Continue reading →

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competitor has standing to challenge use of certification mark

Posted on April 30, 2019 by rtushnet

Savvy Rest, Inc. v. Sleeping Organic, LLC, 2019 WL 1607585, No. 18CV00030 W.D. Va. Apr. 15, 2019) The parties compete in the market for mattresses and other bedding products. Savvy Rest alleged that Sleeping Organic violated the Lanham Act by … Continue reading →

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Cable service provider engaged in reverse passing off of DirecTV signal (and other bad acts)

Posted on April 29, 2019 by rtushnet

Northeast Cable Televis., LLC v. DirecTV, LLC, 2019 WL 1767066, No. 18CV2559 (N.D. Ohio Apr. 22, 2019) DirecTV’s satellite television service provides hundreds of channels. For certain kinds of multiple-unit properties (usually a hotel or motel, hospital, college dormitory, or … Continue reading →

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TMSR, part 3

Posted on April 15, 2019 by rtushnet

Session 3: Defining Marks in Trademark Law vs. Defining Subject Matter in Adjacent Areas of IP In formulating rules about defining marks in trademark law, what (if anything) can be learned from the longstanding debate about defining pictorial, graphic, and … Continue reading →

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TMSR, part 2

Posted on April 13, 2019 by rtushnet

Session 2:  Defining Markets: Doctrinal Settings for Market Analysis in Trademark Law Trademark law clearly already undertakes market definition in the analysis of genericism and also for functionality. Are current approaches adequate? Are markets defined the same way, through the … Continue reading →

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Eleventh Trademark Scholars Roundtable: Defining Marks and Markets

Posted on April 12, 2019 by rtushnet

Session 1:  The Process for Defining Marks (Registered, Unregistered) What are the different ways to define marks? What are/should be our goals in defining marks? What are the costs of permitting fuzzy definition? Are there costs to  imposing  strict requirements … Continue reading →

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Different meaning of Fizzkids and Wizkids defeats infringement claim even for similar products

Posted on April 11, 2019 by rtushnet

Wizkids/NECA, LLC v. TIII Ventures, LLC, No. 17-CV-2400 (RA), 2019 WL 1454666 (S.D.N.Y. Mar. 31, 2019) TIII sells “soda-can-themed toys, specifically, vinyl characters that are sold in packaging resembling a soda can.” The “Fizzkids” are called “Cranked Cola,” “Bone Crusher … Continue reading →

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Bad argument of the day: potential registration should count as (R) because opposer is accused infringer

Posted on April 1, 2019 by rtushnet

Herman Miller, Inc. v. Blumenthal Distributing, Inc., 2019 WL 1416472, No. LA CV17-04279 JAK (SPx) (C.D. Cal. Mar. 3, 2019) Lots of stuff going on here.  Herman Miller sued Blumenthal for infringing on the trade dress of one of its … Continue reading →

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