Tag Archives: trademark

IPSC First Plenary Session

Posted on August 11, 2016 by rtushnet

Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result.  Wrinkle: attention scarcity. Cheaper dissemination … Continue reading →

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Confusion bans are content-based so disclaimers must be tried first, court rules

Posted on August 8, 2016 by rtushnet

Pursuing America’s Greatness v. Federal Election Comm’n, No. 15-5264 (D.C. Cir. Aug. 2, 2016) I wonder whether INTA is worried about this case.  If not, why not? The Federal Election Commission prohibits unauthorized political committees, like Pursuing America’s Greatness, from … Continue reading →

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Confusion bans are content-based so disclaimers must be tried first, court rules

Posted on August 8, 2016 by rtushnet

Pursuing America’s Greatness v. Federal Election Comm’n, No. 15-5264 (D.C. Cir. Aug. 2, 2016) I wonder whether INTA is worried about this case.  If not, why not? The Federal Election Commission prohibits unauthorized political committees, like Pursuing America’s Greatness, from … Continue reading →

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Can functionality become nonfunctionality with new data?

Posted on August 4, 2016 by rtushnet

C5 Medical Werks, LLC v. CeramTec GMBH, 2016 WL 4092955, No 14-cv-00643 (D. Colo. Jun. 10, 2016) C5 competes with CeramTec in the ceramic hip implant market. In 1998 CeramTec patented a ceramic composite used in hip implants, advertising that … Continue reading →

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Dirty Dancing remake: court grants reconsideration on dilution

Posted on August 3, 2016 by rtushnet

Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Aug. 1, 2016) Previous discussion and images from the campaign here.  Lions Gate claims common-law marks in DIRTY  DANCING and NOBODY PUTS BABY IN A CORNER, … Continue reading →

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Court of appeals says FU to state university’s TM claim

Posted on July 28, 2016 by rtushnet

Florida International University Board of Trustees v. Florida National University, Inc., 2016 WL 4010164, — F.3d —-, No. 15-11509 (11th Cir. Jul. 26, 2016) FIU sued FNU for changing its name from Florida National College to Florida National University; the … Continue reading →

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Don’t send a TM to do a (c)’s job: 7th Circuit rules in Slep-Tone case

Posted on July 22, 2016 by rtushnet

Mark McKenna organized an amicus brief in this case, which was not cited by the court but advocated a position similar to that adopted by the panel. Phoenix Entertainment Partners, LLC v. Rumsey, No. 15-2844 (7th Cir. July 21, 2016) … Continue reading →

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court grants motion to dismiss on nominative fair use grounds

Posted on July 21, 2016 by rtushnet

Beachbody, LLC v. Universal Nutrients, No. 16-02015, 2016 WL 3912014 (C.D. Cal. July 18, 2016) Beachbody sued Universal and Wal-Mart for using its “shakeology” mark on product packaging and purchase receipts. The court granted defendants’ motion to dismiss—apparently the standard … Continue reading →

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Questionable branding

Posted on July 11, 2016 by rtushnet

Not exactly on topic, but funny: Trader Joe’s often uses some signals about what national brands one can compare its house products to. Here, while Cheerios and Spaghettios are hard to confuse, the result is two different kinds of Joe’s … Continue reading →

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7th Circuit affirms rare right of publicity loss based on ad

Posted on July 11, 2016 by rtushnet

Martin v. Living Essentials, LLC, No. 16-1370, — Fed.Appx. —- (7th Cir. Jun. 30, 2016) The Seventh Circuit knocked this affirmance out quickly—here’s my discussion of the Jan. 2016 district court decision. Guinness World Records lists Johannes “Ted” Martin as … Continue reading →

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