Tag Archives: trademark

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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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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