Tag Archives: trademark

Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law

Posted on October 31, 2017 by rtushnet

Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws.  Here, a blanket ban, including a negative keyword requirement (so that someone bidding on “contacts” wouldn’t get ads run against … Continue reading →

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Website copying allegations allow potpourri of claims

Posted on October 27, 2017 by rtushnet

DHI Group, Inc. v. Kent, No. 16-1670, 2017 WL 4837730 (S.D. Tex. Oct. 26, 2017) DHI and Oilpro compete in the market for websites for oil and gas professionals that include job postings. DHI filed a lawsuit against Oilpro and … Continue reading →

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9th Circuit rules failure to recognize labeled ads as such “implausible”

Posted on October 23, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., No. 16-55289, 2017 WL 4711477 (9th Cir. Oct. 19, 2017) District court opinion discussed here. The court of appeals affirmed the dismissal of this case against J.G. Wentworth arguing that its use of … Continue reading →

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Errant earrings: (c) but not trade dress success likely, still no irreparable harm

Posted on September 26, 2017 by rtushnet

Ear Charms, Inc. v. Bling Jewelry, Inc., 2017 WL 2957796, No. CV 16-02091 (C.D. Cal. Apr. 11, 2017) Sandra Callisto designed a “stylish alternative to pierced earrings” for Ear Charms, specifically “wave” earrings, which allegedly bore “a unique and distinctive … Continue reading →

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Brief on TM issues in ASTM v. Public Resource

Posted on September 26, 2017 by rtushnet

Mark McKenna and I, with other trademark professors, have written a brief in the ASTM case.  Thanks to Sam Bagenstos for last-minute filing assistance. from Blogger http://ift.tt/2hy8HjI

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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“Herbal” doesn’t include animal products

Posted on September 19, 2017 by rtushnet

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., — Fed.Appx. —-, 2017 WL 4118381, No. 17-55198 (9th Cir. Sept. 15, 2017) VBS makes a commercial television live auction show named “DAU GIA TREN TRUYEN HINH” (“Fight Price on Television”). It primarily … Continue reading →

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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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