Tag Archives: trademark

TM Scholars’ roundtable, part 5

Posted on June 10, 2016 by rtushnet

Session 3: Remedies In recent years, trademark scholarship has focused largely on questions of subject matter and scope, including much critical assessment of standards for infringement and dilution.  In this brief discussion, we will turn our attention to remedies, and … Continue reading →

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TM roundtable, part 4

Posted on June 9, 2016 by rtushnet

From last time: RT: I was thinking as Silbey was talking that you’re convincing me that TM should be a particular kind of anticopying regime (though, as w/patent, knowledge need not be required, at least for double identity).  And that … Continue reading →

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TM roundtable, part 3

Posted on June 9, 2016 by rtushnet

Session 2:  The Menu of Options for Design Protection:  Where Does/Should Trademark and Unfair Competition Law Fit? This session will consider product-design trade dress protection in relation to other legal regimes that encompass design (design patents, copyright, and sui generis … Continue reading →

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TM roundtable, part 2

Posted on June 9, 2016 by rtushnet

Session 1, cont’d Mid-Point Discussants:  Mark Janis: The functionality doctrine is not good at doing the work we’re expecting it to do, both in trade dress and design patents.  Recurrent difficulties: tendency for decisionmakers to revert to de facto functionality … Continue reading →

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TM Scholars’ Roundtable, part one

Posted on June 9, 2016 by rtushnet

Trademark Scholars’ Roundtable, Boston University   Session 1:  Product Design Protection and Trademark First Principles Given what we know about the costs and benefits of using trademark/unfair competition law to protect product design, is the whole enterprise worth the candle?  … Continue reading →

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Belmora doesn’t extend to US users; copying a nonfamous foreign mark isn’t bad faith

Posted on June 3, 2016 by rtushnet

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2016 WL 3034150,  No. 11–1623 (D.D.C. May 27, 2016)   Help me out here: it seems to me that the court here cancels a registration based on a claim … Continue reading →

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Trademark question of the day

Posted on June 2, 2016 by rtushnet

And given the extent of protection for characters, possibly a copyright question as well: is the following pajama set, seen on vacation, infringing? from Blogger http://ift.tt/1Xlg0wd

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“purest” is puffery and Himala- is too geographically descriptive to cause confusion

Posted on June 2, 2016 by rtushnet

Sustainable Sourcing, LLC v. Brandstorm, Inc., 2016 WL 3064055, No. 12-cv-30093 (D. Mass. May 31, 2016)   The parties compete to sell Himalayan pink salt.  Sustainable Sourcing created an image showing a box of its pink salt, surrounded by bowls … Continue reading →

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Law firm advises: protect your brand via (c)

Posted on May 25, 2016 by rtushnet

The advice from Drinker Biddle includes using the DMCA to get uses of your TM taken down, which is pretty much exactly the definition of one significant category of DMCA abuses. from Blogger http://ift.tt/25lpNa1

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Dilution question of the day, handbag edition

Posted on May 24, 2016 by rtushnet

Betsey Pop Betsey Johnson Kitsch “soda” handbag So, what’s the dilution verdict? from Blogger http://ift.tt/1qGMjqF

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