Tag Archives: trademark

TM scholars’ roundtable, part 5

Posted on April 16, 2018 by rtushnet

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading →

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TM scholars’ roundtable, part 4

Posted on April 14, 2018 by rtushnet

Session 2, Cont’d Mid-Point Discussants:                       Mike Grynberg Belmora may do very little.  But: Belmora may be bad if it discards important checks, one of which might be territoriality.  Another idea: arguably undermines systematicity of TM, its existence as an … Continue reading →

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TM Scholars’ roundtable, part 3

Posted on April 13, 2018 by rtushnet

Session 2:  The Policy and Doctrine of Unfair Competition Claims Introduction:  Jake Linford: Hoping for a sharper line b/t UC and TM, much as we have a relatively sharp statutory line b/t TM infringement and dilution to the extent we … Continue reading →

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TM scholars’ roundtable, part 2

Posted on April 13, 2018 by rtushnet

Session 1, Cont’d Mid-Point Discussants:                       Stacey Dogan: pre-20th c, very few cases of claims based on noncompeting goods, and even fewer with actual harm stories.  Can be characterized as chance or as the functions of the markets of the day, … Continue reading →

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TM Scholars’ roundtable, part 1

Posted on April 13, 2018 by rtushnet

Trademark Scholars’ Roundtable, 10th year! Session 1:  The Distinction Between Trademark and Unfair Competition Law Introduction:   Mark McKenna: Until mid 20th c, could have said that TM and UC were distinct legal claims that vindicated the same right; thus … Continue reading →

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The truth is out there, but it might violate the right of publicity

Posted on April 9, 2018 by rtushnet

Scott v. Citizen Watch Co., No. 17-cv-00436-NC, 2018 WL 1626773 (N.D. Cal. Apr. 4, 2018) This case would be the poster child for the need for a true reckoning between modern right of publicity law and the modern First Amendment, … Continue reading →

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Puzzle/IP overlap with character figures

Posted on April 3, 2018 by rtushnet

This delightful vintage puzzle contains whimsies in the shape of once popular cartoon characters–some I can ID, like Popeye, while others are more elusive.  Suggestions welcome. Add caption Upside down but complete from Blogger https://ift.tt/2uIHAwe

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Transformative work of the day, admissions edition

Posted on March 26, 2018 by rtushnet

An eagle-eyed (no pun intended) student spotted this admissions video from Boston College with a distinctly Harry Potter flavor.  Or maybe that ought to be Hermione Granger. from Blogger https://ift.tt/2I5haqk

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Reading list: consumer search parsimony

Posted on March 26, 2018 by rtushnet

Jia Liu & Olivier Toubia, Search Query Formation by Strategic Consumers More evidence, if more were needed, in the keyword wars: given that consumers prefer shorter queries, and that they may assume that some attributes need more search than others, … Continue reading →

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Truthful identification of performance defeats Illinois publicity claim

Posted on March 19, 2018 by rtushnet

Martin v. Wendy’s Int’l, Inc., — Fed.Appx. —-, 2018 WL 1225470, No. 17-2043 (7th Cir. Mar. 9, 2018) “Guinness World Records lists Johannes “Ted” Martin as the record holder for consecutive kicks of a footbag.” He sued Wendy’s International and … Continue reading →

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