Tag Archives: trademark

Reading list: the consumer in TM law

Posted on September 18, 2017 by rtushnet

Kimberlee G. Weatherall, The Consumer as the Empirical Measure of Trade Mark Law, The Modern Law Review, Vol. 80, No. 1, pp. 57-87, 2017 Although consumer responses to signs and symbols lie at the heart of trade mark law, courts … Continue reading →

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SPIRE-inspired TM suit fails to enjoin noncompetitor

Posted on September 14, 2017 by rtushnet

Spire, Inc. v. Cellular South, Inc., 2017 WL 3995759, No. 17-00266 (S.D. Ala. Sept. 11, 2017) Spire, a provider of natural gas fueling services, sought a declaratory judgment against Cellular South, d/b/a C SPIRE, a wireless telecommunications provider that also … Continue reading →

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Comparison to former licensor’s products isn’t trademark infringement

Posted on August 30, 2017 by rtushnet

Alpha Pro Tech, Inc. v. VWR Int’l, LLC, No. 12-1615, 2017 WL 3671264 (E.D. Pa. Aug. 23, 2017) APT sued VWR, a competitor in the market for nonwoven, disposable laboratory apparel for use in clean rooms and similar environments. VWR … Continue reading →

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state courts do nominative fair use too

Posted on August 28, 2017 by rtushnet

Instant Infosystems, Inc. v. Open Text, Inc., 2017 WL 3634547, No. B276691 (Cal. Ct. App. Aug. 24, 2017) Another illustration of the principle that courts don’t like to do two dilution analyses—this state court only talks about federal dilution, assuming … Continue reading →

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Bad dilution claims are so common that they aren’t “exceptional” for fee-shifting, court rules

Posted on August 21, 2017 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that … Continue reading →

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Comparative advertising using P’s logo is nominative fair use

Posted on August 18, 2017 by rtushnet

SolarEdge Technologies Inc. v. Enphase Energy, Inc., 2017 WL 3453378 17-cv-04047 (N.D. Cal. Aug. 11, 2017) SolarEdge sued Enphase, a competitor in the business of selling electronic components for solar panels (aka PV modules), for false advertising and trademark infringement.  … Continue reading →

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Barton Beebe & Jeanne Fromer’s submission to PTO on streamlined cancellation proceedings

Posted on August 16, 2017 by rtushnet

Supporting the proposal, they summarize their evidence of overcrowding on the register.  Read it here. from Blogger http://ift.tt/2x4Wcm3

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Traveling pictures: trademark/publicity rights questions, bonus torts

Posted on August 16, 2017 by rtushnet

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough.  Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading →

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Traveling pictures: trademark/publicity rights questions, bonus torts

Posted on August 16, 2017 by rtushnet

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough.  Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading →

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Shoes and surveys (picture post)

Posted on August 16, 2017 by rtushnet

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement survey on … Continue reading →

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