Tag Archives: trademark

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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IPSC Breakout Session III

Posted on August 10, 2017 by rtushnet

Useful Articles  Star Athletica: Stuck on the Merry-Ground  – Alfred C. Yen We’re just going round and round. Those who can’t remember the past are condemned to repeat it; a page of history is worth a volume of logic. For … Continue reading →

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IPSC Breakout Session II

Posted on August 10, 2017 by rtushnet

IP Theory  The Boundaries of Intellectual Property: A Preliminary Exploration of Constitutional Salience – Amy Kapczynski What IP law is about: what values beyond efficiency we might be able to say this law serves.  You can’t justify IP v. grants … Continue reading →

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2017 IPSC Conference at Cardozo School of Law

Posted on August 10, 2017 by rtushnet

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading →

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