Tag Archives: trademark

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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Gov’t brief in Lee v. Tam

Posted on November 10, 2016 by rtushnet

Available here.  They make the same “bumper sticker” argument that I think makes sense. from Blogger http://tushnet.blogspot.com/2016/11/govt-brief-in-lee-v-tam.html

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Disparaging an unauthorized reseller could violate the Lanham Act

Posted on October 31, 2016 by rtushnet

Dentsply Int’l Inc. v. Dental Brands for Less LLC, No. 15 Civ. 8775, 2016 WL 6310777 (S.D.N.Y. Oct. 27, 2016) Dentsply sued Dental Brands over Dental Brands’ resale of Dentsply’s dental products without Dentsply’s authorization. Dental Brands buys Dentsply’s products … Continue reading →

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Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims

Posted on October 18, 2016 by rtushnet

Spy Phone Labs LLC. v. Google Inc., No. 15-cv-03756, 2016 WL 6025469 (N.D. Cal. Oct. 14, 2016) The plaintiff here, an app maker with a registered mark for Spy Phone for a monitoring app, squeaks past dismissal of its trademark … Continue reading →

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