Tag Archives: trademark

Park claim fails to fly: formerly well-known mark lacks current secondary meaning

Posted on July 18, 2017 by rtushnet

Parks LLC v. Tyson Foods, Inc., 2017 WL 3014273, — F.3d –, No. 16-2768 (3d Cir. Jul. 6, 2017) District court opinion discussed previously here. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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Documents from my ICE suit

Posted on July 13, 2017 by rtushnet

Available here, via Public Citizen. From what we have, I think it’s fair to say that most seizures are legitimate counterfeits, so to speak.  That doesn’t excuse ICE or the brand owners who supply them with information from the obligation … Continue reading →

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Another thought on ICE’s statements

Posted on July 5, 2017 by rtushnet

This isn’t specifically IP-related, but I’m pondering the part of my FOIA suit requesting training materials for ICE agents relying on case law, etc.  Initially, the ICE spokesperson who responded to my inquiry said that ICE based its seizure decisions … Continue reading →

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NFL is advising ICE to seize obvious parodies, my FOIA suit reveals

Posted on July 5, 2017 by rtushnet

When last I reported on this, the judge had ordered ICE to unredact materials showing company advice to ICE to seize parody merchandise, since such merchandise wasn’t counterfeit and there could be no legitimate law enforcement interest in keeping this … Continue reading →

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NFL is advising ICE to seize obvious parodies, my FOIA suit reveals

Posted on July 5, 2017 by rtushnet

When last I reported on this, the judge had ordered ICE to unredact materials showing company advice to ICE to seize parody merchandise, since such merchandise wasn’t counterfeit and there could be no legitimate law enforcement interest in keeping this … Continue reading →

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Reading list: unregistered marks in the EU

Posted on June 30, 2017 by rtushnet

Verena von Bomhard & Artur Geier, Unregistered Trademarks in EU Trademark Law, Trademark Reporter, May-June, 2017 Vol. 107 No. 3 Abstract: The European Union (“EU”) trademark system is based on registration. Nevertheless, the laws of the EU Member States also … Continue reading →

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Slightly cooler take on Tam

Posted on June 21, 2017 by rtushnet

I will have some more thoughts in Tam in a forthcoming amicus brief arguing that dilution is unconstitutional.  I think this was about the least harmful affirmance the Court could have written, though for precisely that reason it leaves a … Continue reading →

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Long review: of land (and other) registration

Posted on June 14, 2017 by rtushnet

Benito Arruñada, Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries: This book’s only significant weakness is the extremely dry and abstract way in which it’s written; theoretically it is extremely helpful in explaining the special functions of … Continue reading →

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