Tag Archives: trademark

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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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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