Tag Archives: trademark

court, while uncomfy with some Amazon techniques, declines to grant PI

Posted on March 20, 2019 by rtushnet

Comphy Co. v. Amazon.com, Inc., NO. C18-1460RSM (W.D. Wash. Mar. 12, 2019) The Comphy Company markets itself as a luxury company, historically supplying its linens to luxury spas. Ultimately, Plaintiff decided to start retailing its products online through its own … Continue reading →

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unauthorized use of model’s photo for strip club wasn’t false advertising or endorsement

Posted on March 18, 2019 by rtushnet

Edmondson v. 2001 Live, Inc., 2019 WL 670201, No. 16-cv-03243-T-17AEP (M.D. Fla. Jan. 15, 2019) Edmondson, a model and public figure, sued for the alleged commercial misappropriation of her image used on 2001 Live’s social media account promoting its “gentleman’s” … Continue reading →

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sales show format and timing are functional, court finds

Posted on March 15, 2019 by rtushnet

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., No. SACV 16-01553-CJC(DFM), 2018 WL 5274172 (C.D. Cal. Sept. 10, 2018) The parties compete in the market for nutritional supplements and television programs. VBS sued for Lanham Act and California state unfair competition … Continue reading →

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False advertising & TM fail as workarounds to 230 for software blocking

Posted on March 14, 2019 by rtushnet

PC Drivers Headquarters, LP v. Malwarebytes Inc., 2019 WL 1061739, No. 18-cv-05409-EJD (N.D. Cal. Mar. 6, 2019) PC Drivers alleged that Malwarebytes’ malware detection software wrongfully categorized PC Drivers’ “technical support” software as malware or a “Potentially Unwanted Program” (PUP), … Continue reading →

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It wasn’t malpractice to argue unauthorized use of name was false association, not false advertising

Posted on March 14, 2019 by rtushnet

Majorsky v. Lieber, No. 798 WDA 2017, 2019 WL 1092543 (Pa. Super. Ct. Mar. 8, 2019) Majorsky and two business partners, Douglas and Natale, purchased the D.J. Hess Advertising Company. “D.J. Hess is a partnership that sells promotional products, items … Continue reading →

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copying without infringement, falsity without materiality in adhesive case

Posted on March 14, 2019 by rtushnet

J-B Weld Co., LLC v. Gorilla Glue Co., 2018 WL 6356768, No. 17-CV-03946-LMM (N.D. Ga. Oct. 17, 2018) Among other things, this case is a reminder that when you sue a competitor for false advertising you can often expect counterclaims–here … Continue reading →

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Belmora doesn’t replace 43(a)’s usual requirement of protectable subject matter in standard trade dress case

Posted on February 28, 2019 by rtushnet

Secret of the Islands, Inc. v. Hymans Seafood Company, Inc., 2019 WL 917209, No. 2:17-cv-342-BHH (D.S.C. Feb. 25, 2019) SOTI sells salt scrubs and other body products; salt scrubs can be used as hand soap, but also exfoliate and moisturize. … Continue reading →

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ICANN and the New Top-Level Domains, panel 2

Posted on February 26, 2019 by rtushnet

ICANN and the New Top-Level Domains “Walled Gardens:” Should gTLDs Become Private Platforms? Becky Burr, ICANN Board & Neustar: We used to talk about .kids as a walled garden/moderated content for kids, a safe space. [Based on what we know … Continue reading →

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ICANN and the New Top-Level Domains part 1

Posted on February 25, 2019 by rtushnet

American University Washington College of Law YouTube link Welcome, Christine Haight Farley, American University Washington College of Law We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains (“gTLDs”) … Continue reading →

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Selling copyright-infringing content isn’t trademark infringement or false advertising

Posted on February 25, 2019 by rtushnet

Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading →

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