Tag Archives: trademark

NY false advertising law lacks rigid false/misleading distinction

Posted on August 25, 2016 by rtushnet

Classic Liquor Importers, Ltd. v. Spirits International B.V., — F. Supp. 3d —-, 2016 WL 4419457, No. 15 Civ. 6503  (S.D.N.Y. 2016) Classic Liquor is a newcomer to the liquor business that recently launched a line of vodkas under the … Continue reading →

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Pictures from Canada

Posted on August 25, 2016 by rtushnet

Canada, like many other countries, considers “taking unfair advantage” of a trademark to be a distinct problem, making it less favorable to parody and other uses than the U.S. as a matter of formal law.  What difference does that make … Continue reading →

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Cthulhu the functional?

Posted on August 19, 2016 by rtushnet

Jake Linford has recently expounded in detail about the descriptive or even functional characteristics of certain sounds, making certain “coined” words more useful in marketing.  Here’s a great example from Michael Saler, As If: Modern Enchantment and the Literary Prehistory … Continue reading →

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6th Circuit rejects college players’ Lanham Act, ROP claims

Posted on August 17, 2016 by rtushnet

Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) Plaintiffs claimed that, as college football and basketball players, they had publicity rights in their names and images as used in TV broadcasts.  “Whether referees, assistant coaches, and perhaps even … Continue reading →

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6th Circuit rejects college players’ Lanham Act, ROP claims

Posted on August 17, 2016 by rtushnet

Marshall v. ESPN, No. 15-5753 (6th Cir. August 17, 2016) Plaintiffs claimed that, as college football and basketball players, they had publicity rights in their names and images as used in TV broadcasts.  “Whether referees, assistant coaches, and perhaps even … Continue reading →

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Amicus in LV v. My Other Bag

Posted on August 17, 2016 by rtushnet

Chris Sprigman and I organized a law professors’ brief supporting My Other Bag in LV’s appeal from the well-reasoned district court opinion.  Open call for anyone defending against a dilution claim: it’s time for the straight-up First Amendment challenge, and … Continue reading →

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CustomMade doesn’t know about USOC’s anti-free-speech stance

Posted on August 15, 2016 by rtushnet

Or has taken Nick Fury’s excellent approach.  Consider this email below: pure truth, from all that appears.  Even assuming SFAA is still good law, shouldn’t the First Amendment protect this speech? From the Olympics to the jeweler’s bench: Nana Smith competed … Continue reading →

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IPSC: Closing Plenary Session

Posted on August 13, 2016 by rtushnet

The Nature of Sequential Innovation Christopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing.  “Cinderella Man” is harder to develop than another movie about Rocky.  Risky, as is question about whether to develop another erectile … Continue reading →

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IPSC Breakout Session III

Posted on August 12, 2016 by rtushnet

IP & Privacy Exploring Privacy as Commons Katherine Strandburg & Brett Frischmann Knowledge production/privacy as highly related, not orthogonal/opposed.  Knowledge production framework as a way of doing descriptive empirical case studies of how privacy works in context, which can aid … Continue reading →

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IPSC breakout session 2

Posted on August 11, 2016 by rtushnet

IPSC Breakout Session II: Trademarks, Advertising & Consumers Relying on Reputation Jim Gibson Reputation: what rational consumers would use to decide what products/services to buy. We shouldn’t expect that info to be widely available to consumers w/o some help, and … Continue reading →

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