Tag Archives: trademark

Business betrayal isn’t false advertising, could be TM infringement

Posted on December 15, 2016 by rtushnet

Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Kische accused Costanza, … Continue reading →

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Ugly facts doom “Life is Beautiful” infringement claim: fraud on the PTO bars claim

Posted on December 2, 2016 by rtushnet

Amusement Art, LLC v. Life Is Beautiful, LLC, 2016 WL 6998566, No. 14-cv-08290 (C.D. Cal. Nov. 29, 2016) Defendant LIB hosts the Life is Beautiful festival in Las Vegas. In developing the festival’s style, founder Rehan Choudhry collected digital images … Continue reading →

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TM question of the day, high heel edition

Posted on November 28, 2016 by rtushnet

We know that Louboutin’s red sole mark is only valid as applied to shoes with contrasting uppers.  So, do these shoes infringe?  (In case it’s hard to tell, I’d describe the sole color as a fairly bright pink.)  Do they … Continue reading →

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Fourth Circuit rejects attempt to control references to expert services with IP

Posted on November 28, 2016 by rtushnet

File under “we need a federal anti-SLAPP law.” Devil’s Advocate, LLC v. Zurich Am. Ins. Co., No. 15-1048, 2016 WL 6871905, — Fed.Appx. —- (4th Cir. Nov. 22, 2016) John W. Toothman is a lawyer and the founder of Devil’s … Continue reading →

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Tamicus: IP profs’ amicus brief in Lee v. Tam with Christine Farley

Posted on November 17, 2016 by rtushnet

Hot off the presses.  Read it here.  Thanks to all who commented and signed on. from Blogger http://ift.tt/2fYVmhY

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Mark McKenna reviews Registering Disagreement

Posted on November 16, 2016 by rtushnet

At Jotwell, here.  Thanks for the kind review! from Blogger http://ift.tt/2ggKzUy

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Notre Dame Law Review Symposium, Panel Three

Posted on November 14, 2016 by rtushnet

Moderated by Shubham Mukherjee Graeme B. Dinwoodie, University of Oxford Law, “Territoriality in the Protection and Enforcement of Trademark Rights” As trade becomes more geog. expansive, so too do TM rights need to expand. Not new: goes back to 1883 … Continue reading →

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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Using others’ product photos to advertise same product isn’t fair use

Posted on November 11, 2016 by rtushnet

Minka Lighting, Inc. v. Bath Kitchen Decor, LLC, No. ED CV 13-02370, 2015 WL 12743863 (C.D. Cal. Feb. 13, 2015) Minka sells ceiling fans, lighting products, and home accessories.  It exclusively uses (or tries, as the facts show) about 2000 … Continue reading →

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