Tag Archives: trademark

better bank battle: false use of (R) can’t support false advertising claim

Posted on February 13, 2019 by rtushnet

San Diego County Credit Union v. Citizens Equity First Credit Union, No. 18cv967-GPC(RBB), 2019 WL 446475 (S.D. Cal. Feb. 5, 2019) SDCCU sued CEFCU, its competitor in the credit union market, seeking a declaratory judgment of non-infringement and invalidity of … Continue reading →

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WIPIP 2019, Trademark panel

Posted on February 12, 2019 by rtushnet

On Gripe Sites and Trademark Rights: Taking Stock of Cooperstock, Carys Craig United Airlines v. Cooperstock, Untied.com: United complaint site with an altered/sadface logo and a popup disclaimer. Sued for © and TM infringement, and initially held liable for infringement … Continue reading →

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claim to bring original formula of another’s brand back wasn’t nominative fair use

Posted on January 26, 2019 by rtushnet

GlaxoSmithKline LLC v. Laclede, Inc., 2019 WL 293329, No. 18-CV-4945 (JMF) (S.D.N.Y. Jan. 23, 2019) Judge Furman gets another TM case; in his close adherence to precedent he demonstrates some of the current weak points in TM doctrine, here the … Continue reading →

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reality series “Love at First Flight” doesn’t infringe previous web series of same name

Posted on January 17, 2019 by rtushnet

Reflex Media, Inc. v. Pilgrim Studios, Inc., No. CV 18-2260-GW(FFMx), 2018 WL 6566561 (C.D. Cal. Aug. 27, 2018) The court here dismisses trademark/unfair competition and copyright claims against a reality TV show with the same name as Reflex’s earlier YouTube … Continue reading →

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Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)

Posted on January 4, 2019 by rtushnet

Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading →

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Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)

Posted on January 4, 2019 by rtushnet

Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading →

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More B&B: Fraud on the PTO that led to years of extra litigation isn’t “exceptional” for fee purposes

Posted on December 21, 2018 by rtushnet

B&B Hardware, Inc. v. Hargis Industries, Inc., No. 17-1570 (8th Cir. Dec. 21, 2018) H/T C.E. Petit. This comedy of errors might (might!) be ending. The court of appeals affirmed the district court’s judgment in favor of Hargis and its … Continue reading →

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low volume of confused callers doesn’t establish irreparable harm

Posted on December 11, 2018 by rtushnet

TrueNorth Companies, L.C. v. Trunorth Warranty Plans, LLC, No. C17-31-LTS, — F.Supp.3d —-, 2018 WL 6438370 (N.D. Iowa Dec. 7, 2018) TrueNorth sued TN Warranty for trademark infringement and related claims based on the parties’ respective design logos:    plaintiff’s … Continue reading →

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Honey Badger don’t care for different reasons: court fixes artistic relevance but still doubles down on transformativeness

Posted on November 26, 2018 by rtushnet

Gordon v. Drape Creative, Inc., No. 16-56715 (9th Cir. Nov. 20, 2018) Previous opinion discussed here; amicus brief that may have influenced the court to withdraw that opinion and put out a superseding one here. The court found a triable … Continue reading →

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In which I appear as a sideshow (but ABC gets the right result on TM/(c) claim based on news report)

Posted on November 9, 2018 by rtushnet

Manigault v. ABC Inc., 17-CV-7375 (KNF), 2018 WL 5818101 (S.D.N.Y. Oct. 10, 2018) I show up in this opinion because I wrote a blog post and the pro se plaintiff decided that I was some sort of publicist for ABC … Continue reading →

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