Tag Archives: trademark

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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A watered-down finding of TM infringement: prevailing party gets $0 and no injunction, court tells it to go home

Posted on November 8, 2018 by rtushnet

Evoqua Water Technologies LLC v. M.W. Watermark, LLC, No. 16-cv-14, 2018 WL 5784073 (W.D. Mich. Nov. 5, 2018) Eric Goldman will probably appreciate the court’s takeaway here: “Plaintiff and Defendants are not only business competitors, but also stepchildren, in a … Continue reading →

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Rally ’round the difference between valid and merely descriptive: 8th Circuit gives claimants much to ponder

Posted on November 8, 2018 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., — F.3d —-, 2018 WL 5726690 2018 WL 5726690, No. 17-1762, No. 17-1869, No. 17-2712, No. 17-2731 (8th Cir. Nov. 2, 2018) The court says some very interesting things about … Continue reading →

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We Buy Houses registration defeats fee award despite its genericity

Posted on October 29, 2018 by rtushnet

Express Homebuyers USA, LLC v. WBH Marketing, Inc., No. 17-cv-00736, 2018 WL 5303327 (E.D. Va. Oct. 25, 2018) Disappointingly, the court here treats assertion of registered trademarks as what seems like a complete defense to arguments that defendant should receive … Continue reading →

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