Tag Archives: trademark

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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Notre Dame Scope Roundtable, part 2

Posted on March 31, 2017 by rtushnet

Jeanne Fromer & Mark McKenna, Claiming Design Commentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and … Continue reading →

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Roundtable on the Scope of IP Rights, Notre Dame Law School

Posted on March 31, 2017 by rtushnet

Barton Beebe & Scott Hemphill, The Scope of Strong Marks: Should Trademark Law Protect the Strong More Than the Weak? Commentators: Mike Grynberg and Mark Lemley Grynberg: Doctrine developed for certain situations may not make sense for other situations, including … Continue reading →

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TM scholars’ roundtable, part 4

Posted on March 24, 2017 by rtushnet

Research directions in Trademark Law 2017-2018 Discussants:    Bill McGeveran: History of scholarly productivity coming 1-2 years after the roundtables as seeds germinated.  Agenda-setting: boundary issues and registration.  Territorial/product dimensions; the consumers; design—picking up on something already in the air, but … Continue reading →

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