Tag Archives: trademark

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

Equinox in equipoise: no preliminary injunction for hotel mgmt co against fitness co’s expansion to hotels

Posted on February 5, 2018 by rtushnet

Equinox Hotel Management, Inc. v. Equinox Holdings, Inc., No. 17-cv-06393, 2018 WL 659105 (N.D. Cal. Feb. 1, 2018) Equinox Hotel, a “San Francisco-based hospitality company specializing in developing, operating, and revitalizing hotel properties,” provides hotel management services as well as … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

New York GBL Section 349 covers ordinary trademark claims, court rules

Posted on January 31, 2018 by rtushnet

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge) Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island (Summit) unlawfully used Plaintiffs’ images … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Confusion with firm sued for sexual harassment causes irreparable harm

Posted on January 31, 2018 by rtushnet

Newmark Realty Capital, Inc., v. BGC Partners, Inc., No. 16-cv-01702 (N.D. Cal. Nov. 16, 2017) Newmark Realty Capital (founded 1991) and defendants BGC Partners and Newmark & Co. Real Estate “traditionally operated in distinct sectors of the real estate market … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment