Tag Archives: trademark

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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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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