Tag Archives: trademark

Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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Amicus seeking rehearing in Honey Badger case

Posted on August 28, 2018 by rtushnet

Mark Lemley, Mark McKenna, and I wrote a brief in support of rehearing.  Here’s hoping! from Blogger https://ift.tt/2BVQpGR

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No need to be chicken about copying in poultry feeder case

Posted on August 27, 2018 by rtushnet

CTB, Inc. v. Hog Slat, Inc., 2018 WL 4035945, No. 14-CV-157-FL (E.D.N.C. Aug. 22, 2018) CTB sued HS for making an allegedly exact replica of CTB’s poultry feeder, infringing its registered trademarks for product configuration and color (color on the … Continue reading →

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Don’t send a trademark to do a copyright’s job, forestry edition

Posted on August 27, 2018 by rtushnet

Munro v. Lucy Activewear, Inc., No. 16-4483 (8th Cir. Aug. 9, 2018) Munro is an artist best known for his works “Field of Light” and “Forest of Light”—“large-scale, immersive, light-based installations, and exhibitions.” Lucy allegedly proposed a Lucy advertising and … Continue reading →

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Court considers fake reviews not deceptive if they’re just puffery

Posted on August 20, 2018 by rtushnet

Jive Commerce, LLC  v. Wine Racks America, Inc., 2018 WL 3873675, No. 1:18-CV-49 TS-BCW (D. Utah Aug. 15, 2018) The parties compete in the wine rack and wine cellar industry. Jive’s principal Jason Miller was formerly employed by WRA. Miller … Continue reading →

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DC Circuit dodges incontestability, finds little-noticed statements immaterial in dueling desserts case

Posted on August 20, 2018 by rtushnet

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. de C.V., 2018 WL 3894587, No. 17-7075 (D.C. Cir. Aug. 10, 2018) The facts are a mess, but basically PLM and Prolacto both make paletas, Mexican frozen desserts, using nearly the … Continue reading →

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IPSC session 6

Posted on August 11, 2018 by rtushnet

Session 6: Tort-Tinged IP Ben Depoorter (and Robert Walker), So Sue Me … Please! Reverse Nuisance in Intellectual Property Law Goldieblox case: filed declaratory judgment against Beastie Boys. Getting sued can sometimes be a boon and can bring a lot … Continue reading →

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IPSC session 4

Posted on August 10, 2018 by rtushnet

Session 4: Old and New Theories of IP Shyam Balganesh, The Common Law of Copyright Censorial copyright claims: motivated by non economic, dignitary concerns, and the author/creator’s principal objective is expurgatory—to prevent the work from circulating publicly. These claims have … Continue reading →

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IPSC session 2

Posted on August 9, 2018 by rtushnet

Session 2: IP History and Theory, Stephanie Bair, IP Inequality Artists and innovators are not equally distributed. Rich people are more likely to acquire IP rights than poor people; whites than minorities in the US; males than females.  Theoretical lens: … Continue reading →

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