Tag Archives: trademark

Pop goes the kitty? registration and infringement are separate inquiries, court points out

Posted on March 13, 2018 by rtushnet

SportPet Designs Inc. v. Cat1st Corp., No. 17-CV-0554 (E.D. Wis. Mar. 2, 2018) SportPet sued Cat1st for patent, trademark, and copyright infringement and violations of Wisconsin’s Deceptive Trade Practices Act based on its sale of pet products such as play … Continue reading →

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Redbox’s claims miss release window for injunctive relief

Posted on March 13, 2018 by rtushnet

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 1240345, No.17 C 5596 (N.D. Ill. Mar. 9, 2018) The parties compete in the market for DVD rental services through automated vending machines called kiosks. “In early 2016, Redbox learned … Continue reading →

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Pod save the claim: “sportspods” competition leads to false advertising, TM claims

Posted on March 9, 2018 by rtushnet

Anthem Sports, LLC v. Under the Weather, LLC, 2018 WL 1175406, No. 17cv596 (D. Conn. Mar. 6, 2018) Anthem and UTW compete in the market for “sportspods,” small tents for viewing outdoor sporting events during inclement weather. I won’t discuss … Continue reading →

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unauthorized sale of model’s photos leads to internally inconsistent TM/ROP ruling

Posted on March 9, 2018 by rtushnet

Passelaigue v. Getty Images (US), Inc., 2018 WL 1156011, No. 16-CV-1362 (S.D.N.Y. Mar. 1, 2018) Elodie Passelaigue is a professional fashion model who sued under the Lanham Act, Washington state law, and New York law against Getty, Bill Diodato Photography, … Continue reading →

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When an author’s name isn’t CMI

Posted on February 26, 2018 by rtushnet

Fischer v. Forrest, Nos. 14 Civ. 1304, 1307, 2018 WL 948758 (S.D.N.Y. Feb. 16, 2018) This very outdoorsily named and themed litigation arose out of the termination of a longstanding business relationship between plaintiff Fischer and defendants, including Brushy Mountain … Continue reading →

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False endorsement: some bad questions to ask in a survey

Posted on February 23, 2018 by rtushnet

Gibson v. BTS North, Inc., 2018 WL 888872, No. 16-24548 (S.D. Fla. Feb. 14, 2018) Plaintiffs are professional models, actresses, and/or businesswoman who earn their livings by promoting her image, likeness, and/or identity to select clients, commercial brands, media, and … Continue reading →

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The other Redbox case: the color may fade, but not the mark

Posted on February 23, 2018 by rtushnet

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. Ill. Feb. 20, 2018) Redbox sued defendant DVDXpress alleging trademark infringement and false advertising; DVDXpress moved to dismiss and asserted counterclaims/affirmative defenses, some of … Continue reading →

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WIPIP panel one: TM tarnishment and (c)

Posted on February 16, 2018 by rtushnet

[title fixed because I can’t keep seasons straight] Suneal Bedi, Bad Brands: Experimental Studies in Trademark Tarnishment What is the reputation of a mark?  Working on PhD in marketing at Penn; marketing is the best discipline to answer this Q.  … Continue reading →

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TrueNorth not truly famous, court rules on motion to dismiss

Posted on February 13, 2018 by rtushnet

TrueNorth Companies, L.C. v. TruNorth Warranty Plans, LLC, No. C17-31, 2018 WL 794700 (N.D. Iowa Feb. 8, 2018) TrueNorth sued TruNorth for trademark infringement and dilution based on their respective marks; here the court dismisses the dilution claim for failure … Continue reading →

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Tiger, tiger burning bright: Did he who made the Lokai make thee?

Posted on February 12, 2018 by rtushnet

Lokai Holdings LLC v. Twin Tiger USA LLC, No. 15-CV-9363, 2018 WL 739435 (S.D.N.Y. Feb. 6, 2018) Lokai sued Twin Tiger for trade dress infringement, unfair competition, and false advertising based on Twin Tiger’s sale of bracelets similar to those … Continue reading →

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