Tag Archives: trademark

Internet surveys are admissible (but may raise IRB concerns)

Posted on April 26, 2017 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading →

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TM/(c) questions of the day

Posted on April 24, 2017 by rtushnet

Which, if any, raise any TM or copyright concerns? matchboxes with book covers “phone app sticky notes” Scented erasers with possibly recognizable trade dresses from Blogger http://ift.tt/2onyotP

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Dastar bars TM claim based on unlicensed copying of footage

Posted on April 24, 2017 by rtushnet

Fioranelli v. CBS Broadcasting Inc., No. 15-CV-952, 2017 WL 1400119, — F. Supp. 3d – (S.D.N.Y.  Jan. 19, 2017) Fioranelli, a photojournalist who was one of four reporters allowed to enter the World Trade Center site on September 11, 2001, … Continue reading →

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Grange grudge: court orders disclaimer to resolve confusing corporate status

Posted on April 17, 2017 by rtushnet

National Grange of the Order of Patrons of Husbandry v. California State Grange, 2016 WL 8730678,  No. 16-201 (E.D. Cal. Sept. 23, 2016) As relevant here, plaintiffs sued the California Guild and Robert McFarland for false advertisement and unfair competition … Continue reading →

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Who registers the watchmen? court needs more info in (c) case

Posted on April 17, 2017 by rtushnet

Sara Designs, Inc. v. A Classic Time Watch Co., — F.Supp.3d —-, 2017 WL 627461, No. 16CV03638 (S.D.N.Y. Feb. 15, 2017) Sara sued for copyright infringement, trade dress infringement, state trademark infringement and dilution, unfair trade practices, and deceptive practices … Continue reading →

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Don’t try to make a Lanham Act case out of a copyright case

Posted on April 13, 2017 by rtushnet

Lieb v. Korangy Pub’g, Inc., 2016 WL 8711195, No. 15-CV-40 (E.D.N.Y. Sept. 30, 2016) The Second Circuit isn’t a good place to try to plead around Dastar.  Lieb sued Korangy for copyright infringement and deceptive business practices based on alleged … Continue reading →

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Flea market case on secondary (and tertiary) liability for counterfeiting

Posted on April 13, 2017 by rtushnet

Luxottica Gp., S.P.A. v. Greenbriar Marketplace II, LLC, — F.Supp.3d —-, 2016 WL 5859023, No. 15-cv-01382 (N.D. Ga. Sept. 30, 2016) Luxottica sought to hold Greenbriar and Albert Ashkouti liable for contributory trademark infringement based on sales of counterfeit goods … Continue reading →

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Law360 article on my ICE suit by Bill Donahue

Posted on April 13, 2017 by rtushnet

Read it here. from Blogger http://ift.tt/2ow6Dh9

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Notre Dame Scope Roundtable, part 4

Posted on March 31, 2017 by rtushnet

Chris Buccafusco & Mark Lemley, Screening Functionality Commentators: Abraham Drassinower and Jim Gibson Gibson: regime shopping is even more troublesome than scope problems in one regime. Design patents seem to exist purely for regime shopping; everyone wants a patent right … Continue reading →

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Opinion in my suit against ICE

Posted on March 31, 2017 by rtushnet

Tushnet v. U.S. Immig. & Customs Enforcement, No. 1:15-cv-00907 (D.D.C. filed Mar. 31, 2017) Thanks to my able counsel Michael Kirkpatrick of Public Citizen, initially assisted by Georgetown students from the Institute for Public Representation.  Here, the district court denies … Continue reading →

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