Tag Archives: trademark

false advertising claim based on (c) ownership not preempted, court rules

Posted on June 14, 2017 by rtushnet

Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Register Karyn Temple Claggett) in her capacity as the Register of Copyrights, as well as ARC/Conrad … Continue reading →

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Oh, the Lawsuits You’ll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too

Posted on June 14, 2017 by rtushnet

Dr. Seuss Enters., L.P. v. Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. Cal. Jun. 9, 2017) Plaintiff owns the rights to Seuss’s Oh, the Places You’ll Go! (Go!).  Defendants created a Kickstarter for Oh, the Places You’ll Boldly Go! … Continue reading →

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Oh, the Lawsuits You’ll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too

Posted on June 14, 2017 by rtushnet

Dr. Seuss Enters., L.P. v. Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. Cal. Jun. 9, 2017) Plaintiff owns the rights to Seuss’s Oh, the Places You’ll Go! (Go!).  Defendants created a Kickstarter for Oh, the Places You’ll Boldly Go! … Continue reading →

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Proposed amicus brief in Zenimax v. Oculus

Posted on June 14, 2017 by rtushnet

Mark McKenna and I put together an amicus brief in this case, arguing that the false designation of origin verdict based on claims about who invented certain technology was precluded by Dastar (and nominative fair use, to the extent it was … Continue reading →

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Even where irreparable harm is “logical” you still need more than assertions

Posted on June 8, 2017 by rtushnet

Rann Pharmacy, Inc. v. Shree Navdurga LLC, 2017 WL 2442975, No. 17-1893 (E.D. Pa. Jun. 6, 2017) Previously, the court enjoined defendants from using the service mark RAMS PHARMACY in Lansdale, Pennsylvania, because it was likely to cause confusion with … Continue reading →

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Depressed sales and asserted loss of prestige aren’t irreparable harm

Posted on June 7, 2017 by rtushnet

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein.  Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes.  (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading →

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9th Circuit accepts irreparable harm finding in TM licensee breach case

Posted on May 30, 2017 by rtushnet

2Die4Kourt v. Hillair Capital Management, LLC, — Fed.Appx. —-, 2017 WL 2304376, No. 16-56217 (9th Cir. May 26, 2017)  The district court enjoined Hillair from using trademarks/publicity rights owned by 2Die4Kourt, Kimsaprincess, Inc., Khlomoney, Inc., Kourtney Kardashian, Kim Kardashian West, … Continue reading →

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Fee award justified in case involving fraud on the PTO

Posted on May 26, 2017 by rtushnet

Amusement Art, LLC v. Life is Beautiful, LLC, 2017 WL 2259672, No. 2-14-cv-08290 (C.D. Cal. May 23, 2017) Initial ruling discussed here.  Defendant LIB hosts the Life is Beautiful festival in Las Vegas, Nevada—an annual event that features music, art, … Continue reading →

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New article: fixing incontestability

Posted on May 17, 2017 by rtushnet

With apologies to John Welch, who hates the term. Fixing Incontestability: The Next Frontier? Boston University journal of Science and Technology Law, Forthcoming Abstract Incontestability is a nearly unique feature of American trademark law, with a unique American implementation. The … Continue reading →

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Illinois right of publicity allows truthful statements about performers in ads

Posted on May 4, 2017 by rtushnet

Martin v. Wendy’s International, Inc., No. 15 C 6998 (N.D. Ill. Apr. 28, 2017) Discussion of the initial dismissal here.  The revised complaint fares no better. Martin holds the world record for consecutive kicks of a footbag, which was mentioned … Continue reading →

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