Tag Archives: trademark

Keyword ad case based on failure to disclose connections fails

Posted on March 20, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., LLC, 2016 WL 6821110,  No. CV 15-00954 BRO (C.D. Cal. Feb. 1, 2016) Novation factors structured settlements: it buys the right to receive scheduled future payments from settlement recipients who do not wish … Continue reading →

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Blast from the past: another keyword ad case where TM won’t work

Posted on March 17, 2017 by rtushnet

Int’l Payment Servs., LLC v. Cardpaymentoptions.com, Inc., NO. 2:14-cv-02604, 2015 WL 12656280 (C.D. Cal. Jun. 5, 2015) Old decision, popped up in Westclip.  Plaintiff has a registration for ELITEPAY GLOBAL for its merchant payment solutions equipment, services and training business … Continue reading →

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Not with a bang but with a fastener

Posted on March 15, 2017 by rtushnet

B&B Hardware, Inc. v. Hargis Indus., Inc., — F. Supp. 3d —-, 2017 WL 957548 (E.D. Ark. Feb. 16, 2016) I mentioned this development a while back, but it’s now getting into the federal reporter, which is good so that … Continue reading →

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GW/Harvard conference: Infringement and Defenses

Posted on March 10, 2017 by rtushnet

Infringement and Defenses Moderator: Prof. Michael B. Abramowicz, George Washington University Law School William F. Lee, WilmerHale LLP: Literal infringement/each and every element of the claim—useful for laypeople to think about the claim. In many jurisdictions (Germany, Netherlands, Japan) around … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office

Posted on February 24, 2017 by rtushnet

Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels. Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next Frontier Incontestability is a nearly unique feature of American trademark law, with a … Continue reading →

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The trademark part of ASTM v. PublicResource.org

Posted on February 20, 2017 by rtushnet

American Soc. for Testing & Materials v. Public.Resource.Org, Inc., No. 13-cv-1215 (D.D.C. Feb. 2, 2017) The copyrightability/fair use issues are serious and arguable here, but I’m going to focus on the trademark analysis, because unlike the copyright analysis it’s incoherently … Continue reading →

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Use of P’s photos to advertise D’s goods must be challenged via copyright, not Lanham Act, under Dastar

Posted on February 15, 2017 by rtushnet

Barn Light Electric Company, LLC v. Barnlight Originals, Inc., 2016 WL 7135076, No.14–cv–1955 (M.D. Fla. Sept. 28, 2016) Plaintiff BLE, owned by the Scotts, sells light fixtures to consumers over the internet. Defendant Hi–Lite, owned by the Ohais, makes light … Continue reading →

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This is not NORML: court of appeals finds ISU violated First Amendment with TM licensing program

Posted on February 14, 2017 by rtushnet

Gerlich v. Leath, No. 16-1518 (8th Cir. Feb. 13, 2017) Iowa State University (ISU) grants student organizations permission to use its trademarks if certain conditions are met. The ISU student chapter of the National Organization for the Reform of Marijuana … Continue reading →

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