Tag Archives: trademark

TM/false advertising interface: “same formulation” statement w/o more infringes

Posted on June 30, 2016 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016) This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for apparently truthful … Continue reading →

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Copyright/TM question of the day, politics edition

Posted on June 28, 2016 by rtushnet

Analyze the linked Buzzfeed public service announcement about registration (warning: link will likely autoplay). from Blogger http://ift.tt/298KRKR

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TM/design patent question of the day

Posted on June 21, 2016 by rtushnet

Consider the iPhoney: Does this infringe any rights Apple might have?  We know the trade dress is functional for phones; I would argue that the trade dress is functional for realistic toys as well (and possibly more so, given what … Continue reading →

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Using generic art that may evoke plaintiff is fair

Posted on June 20, 2016 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc, 2016 WL 3282197, No. 11-5052 (D.S.D. Jun. 10, 2016) This case has occasionally shown up in my Westclip, but this time I’m writing about it because the court set forth … Continue reading →

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Functionality: it’s in the bag

Posted on June 16, 2016 by rtushnet

Schutte Bagclosures Inc. v. Kwik Lok Corp., No. 12-cv-5541 (S.D.N.Y. Jun. 14, 2016)   Following up from previous post on an earlier ruling. (Thanks to an eagle-eyed correspondent who probably knows way more than anyone else wants to know about … Continue reading →

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Political party bars use of name and logo by dissidents

Posted on June 14, 2016 by rtushnet

HT Eric Goldman. This is one of those cases that seems to be an extreme outlier, but then again see United We Stand America v. United We Stand America, New York, applying the Lanham Act to similar but perhaps more … Continue reading →

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TM Scholars’ roundtable, part 6

Posted on June 10, 2016 by rtushnet

Research Directions Discussants:  Laura Heymann: What is the end of empirical work? Which of our legal principles are based on assumptions or are not meant to be connected to the Q of how consumers actually behave?  Lots of research about … Continue reading →

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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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