Tag Archives: trademark

IPSC: TM III/Music

Posted on August 7, 2025 by rtushnet

Trademark III Graeme B. Dinwoodie, Chicago–Kent College of Law – Illinois Institute of Technology, Not Just the Gutting of Rogers: A Window into Modern Trademark Challenges Defenses developed much more seriously in the US than in Europe. Rogers was an … Continue reading →

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IPSC: TM II/(c) II

Posted on August 7, 2025 by rtushnet

Trademark II Mary Catherine Amerine, The George Washington University Law School, Mind the Gap: How Brand Gimmicks Have Made Infinite the Zone of Expansion Doritos x Empirical alcohol: on shelves for three years. Tesla mezcal. Le Moutarde Vin wine cobranded … Continue reading →

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IPSC: TM I/(c) I

Posted on August 7, 2025 by rtushnet

IPSC, DePaul Trademark I Stacey Dogan, Boston University School of Law, Hollywood’s Trademark Law Courts seem to be treating classically expressive uses, including titles of movies, as source-indicating; Kagan didn’t seem to intend this result and courts should be more … Continue reading →

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Amicus brief on unconstitutionality of dilution by tarnishment

Posted on August 5, 2025 by rtushnet

 Filed in the return of JDI v. VIP to the Ninth Circuit. from Blogger http://tushnet.blogspot.com/2025/08/amicus-brief-on-unconstitutionality-of.html

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resale is not a misrepresentation of being an authorized seller under false advertising law

Posted on August 4, 2025 by rtushnet

FB Select, LLC v. Ocean Blue Trading, LLC, No. 24-cv-8425 (PKC), 2025 WL 2172653 (S.D.N.Y. Jul. 31, 2025) Finding cases where TM and false advertising law give different outputs on the same facts because of lack of harm/materiality/falsity is my … Continue reading →

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alleged use of competitor’s corporate “persona” didn’t cause actionable confusion

Posted on July 24, 2025 by rtushnet

SME Steel Contractors, Inc. v. Seismic Bracing Co., LLC, No. 2023-2426, 2025 WL 2057365 (Fed. Cir. Jul. 23, 2025) Discussion of previous district court opinion here. Because a patent is involved, the appeal on all issues goes to the Federal … Continue reading →

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no initial interest confusion from a deactivated product page that list zero results

Posted on July 23, 2025 by rtushnet

Alsa Refinish LLC v. The Home Depot, Inc., 2025 WL 2014281, No. 2:23-cv-09965-SVW (C.D. Cal. Mar. 18, 2025) Previous discussion of related case by same plaintiff. The Home Depot “sells home improvement products, including a wide assortment of paints and … Continue reading →

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XL BBL and Petite BBL are generic for what you think they’re generic for

Posted on July 22, 2025 by rtushnet

Andre P. Marshall, M.D. Inc. v. Squlpt Management, LLC, 2025 WL 2025000, No. 2:24-cv-01784-SB-AS (C.D. Cal. Jul. 14, 2025) The interesting false advertising component of this case doesn’t get resolved on summary judgment, but we do get a finding that … Continue reading →

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New book chapter on advertising, TM, and antitrust

Posted on July 16, 2025 by rtushnet

Misleading advertising as a matter of unfair competition law  Graeme B Dinwoodie and Ansgar Ohly (eds), Research Handbook on Unfair Competition and Passing Off (Edward Elgar, forthcoming 2026) Abstract The prohibition of false and misleading advertising should be the prototypical … Continue reading →

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breast pump rules: Think Green’s trade dress claims against Medela proceed to trial

Posted on July 7, 2025 by rtushnet

Think Green Ltd. v. Medela AG, 2025 WL 1826137, No. 21 CV 5445 (N.D. Ill. Jul. 2, 2025) Think Green sued Medela for infringing its trade dress in its breast pump, as well as false advertising claims that were quickly … Continue reading →

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