Tag Archives: trademark

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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Another trademark claim asserted for political purposes

Posted on May 24, 2016 by rtushnet

Paul Alan Levy responds to a C&D against a candidate for local government who is being threatened with claims of trademark infringement for using the city’s logo on his campaign materials.  As always, it’s a refreshing read. Of particular note, … Continue reading →

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Who’s responsible for Amazon product detail pages for TM and (c) purposes?

Posted on May 23, 2016 by rtushnet

Oriental Trading Company, Inc. v. Yagoozon, Inc., 2016 WL 2859603, No. 13CV351 (D. Neb. May 16, 2016)   This is a pretty interesting dispute because it suggests that Amazon’s business practices may be exposing certain entities who sell through Amazon … Continue reading →

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Notre Dame Deception Roundtable, part 4

Posted on May 20, 2016 by rtushnet

Session 4 – Contracts and Securities Discussion Leaders: Greg Klass, Ann Lipton, Andrea Matwyshyn   Matwyshyn: there’s a duty to perform in good faith in the US, but no duty to negotiate in good faith. If you have an integration … Continue reading →

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Notre Dame Deception Roundtable, part 3

Posted on May 20, 2016 by rtushnet

Session 3 – Defamation and Speech Discussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey   Silbey: Alvarez and a theory of deception as speech. The three opinions are helpfully, though perhaps erroneously, talking about bad speech in three … Continue reading →

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Notre Dame Deception Roundtable, part 1

Posted on May 20, 2016 by rtushnet

Deception Roundtable Notre Dame Law School, Chicago   Session 1 – Advertising and Trademark Discussion Leaders: Bill McGeveran, Mark McKenna, Zahr Said   Mark McKenna: deception comes up in many fields, but people aren’t talking to each other/citing each other … Continue reading →

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Double play: Tyson defeats TM and false advertising claims

Posted on May 12, 2016 by rtushnet

Parks, LLC v. Tyson Foods, Inc., No. 15-cv-00946 (E.D. Pa. May 10, 2016)   This case involves a trademark and false advertising dispute. Previous ruling denying an injunction. Parks claimed to own “Parks” for sausages and other foods. Tyson owns … Continue reading →

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There’s no cushioning this blow: Comparative advertising is copyright fair use

Posted on May 11, 2016 by rtushnet

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014)   This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent … Continue reading →

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Off the record: Use of name in instruction card doesn’t suggest endorsement

Posted on May 5, 2016 by rtushnet

Martin v. Wendy’s International, Inc., 2016 WL 1730648, No. 15 C 6998 (N.D. Ill. May 2, 2016)   Johannes Martin alleged that Wendy’s and Guinness World Records violated §43(a) and his Illinois right of publicity by using his identity in … Continue reading →

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