Tag Archives: trademark

MOB receives early Xmas present: 2d Circuit affirms LV’s loss

Posted on December 22, 2016 by rtushnet

Louis Vuitton Malletier S.A. v. My Other Bag, Inc., 16-241-cv (2d. Cir. Dec. 22, 2016) Contrary to my expectations for the Second Circuit, this is a quick summary affirmance—testament to Judge Furman’s careful reasoning below (which one would hope supports … Continue reading →

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Update on my suit against ICE

Posted on December 21, 2016 by rtushnet

Today my lawyer Michael Kirkpatrick had oral argument before Judge Cooper of the DDC.  One of the highlights, for me, was the government’s lawyer’s concession that he couldn’t imagine a situation in which “Yankees Suck” would be counterfeit or infringing. … Continue reading →

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SCOTUSblog symposium on Tam

Posted on December 19, 2016 by rtushnet

My contribution is here. from Blogger http://ift.tt/2h498VL

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Facebook, Twitter fans could substitute for sales to show secondary meaning, 6th Cir. rules

Posted on December 19, 2016 by rtushnet

Kibler v. Hall, No. 15-2516 (6th Cir. Dec. 13, 2016) Lee Jason Kibler, a disc jockey, sued Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work for trademark infringement and dilution.  Kibler has performed and released several … Continue reading →

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Facebook, Twitter fans could substitute for sales to show secondary meaning, 6th Cir. rules

Posted on December 19, 2016 by rtushnet

Kibler v. Hall, No. 15-2516 (6th Cir. Dec. 13, 2016) Lee Jason Kibler, a disc jockey, sued Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work for trademark infringement and dilution.  Kibler has performed and released several … Continue reading →

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Trademark/(c)/ROP question of the day, Stephen King edition

Posted on December 16, 2016 by rtushnet

This is a book bag.  Get it?  I wish it were a little bigger, but boy does it look nice.  What’s the appropriate rights analysis? from Blogger http://ift.tt/2hE68fH

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Falsely claiming TM ownership isn’t false advertising, court rules

Posted on December 16, 2016 by rtushnet

Dille Family Trust v. Nowlan Family Trust, No. 15-6231, 2016 WL 7202073 (E.D. Pa. Apr. 21, 2016) There’s a pattern in the ED Pa where they put all the legal analysis in a big footnote in the order granting a … Continue reading →

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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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