Tag Archives: trademark

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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TM Scholars’ roundtable part 3

Posted on March 24, 2017 by rtushnet

Fame, Reputation and “Well-Known-ness” Mark Janis: is fame something distinguishable from distinctiveness, or is it merely the highest degree of distinctiveness?  Possible topics: dilution thresholds v. well-known marks thresholds.  Coach v. Triumph, Fed. Cir., Coach handbags and Coach tutoring services. … Continue reading →

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TM scholars’ roundtable part 2

Posted on March 23, 2017 by rtushnet

Session 2: Proxies for Distinctiveness; Proving Distinctiveness (and Secondary meaning); Strength of a Mark Do current doctrinal tests properly assess actual consumer reaction to purported marks? What is and should be the role of consumer surveys in proving secondary meaning … Continue reading →

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TM scholars’ roundtable

Posted on March 23, 2017 by rtushnet

Ninth Trademark Scholars Roundtable: Distinctiveness, Secondary Meaning, Reputation And Fame Chicago-Kent College of Law Session 1:       Distinctiveness (including Secondary Meaning) as a Legal Concept Introduction:   Barton Beebe: different approaches. Any general claims about distinctiveness must take into account: eligibility for … Continue reading →

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Iconic movie scene allows copyright but not TM claim against multimedia installation

Posted on March 22, 2017 by rtushnet

Harold Lloyd Entertainment, Inc. v. Moment Factory One, Inc., No. LA CV15-01556, 2015 WL 12765142 (C.D. Cal. Oct. 29, 2015)| Another blast for the past—I would really like to know more about the Westclip algorithm, but I can’t complain too … Continue reading →

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