Tag Archives: trademark

CFP: IP + Race, at Boston College

Posted on May 4, 2016 by rtushnet

  The IP + Race conference hosted by Boston College in April 2017, sponsored by  Anjali Vats, Deidre Keller, Amit Basole, and Jessica Silbey, is seeking participants.  They are expecting special musical guests for the conference as well – all IP and critical race … Continue reading →

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FESC: The Supreme Court of Sign Review: Reed and Its Aftermath

Posted on May 1, 2016 by rtushnet

Urja Mittal      The Supreme Board of Sign Review: Reed and its Aftermath            Discussant: Enrique Armijo   Armijo says “reaffirmed” and Mittal says “redefined” 1A doctrine.  Facial question of whether the gov’t regulation is content-based; purpose has no role in that … Continue reading →

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FESC: Trademark Registration and Free Speech

Posted on April 30, 2016 by rtushnet

Rebecca Tushnet        TheFirst Amendment Walks Into a Bar: Trademark Registration and Free Speech   Presenter: Deven Desai: Latest Trojan Horse in 1A law. §2(a) allows denial of registration for disparaging marks.  This piece of TM law is a chance to … Continue reading →

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Further results from my FOIA case against ICE

Posted on April 8, 2016 by rtushnet

With the assistance of Georgetown’s Institute for Public Representation, I sued ICE to get it to answer some questions about why its representative claimed that “X sucks” merchandise would infringe X’s trademark rights, at least where X is a sports … Continue reading →

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“Excessive use of professional reviewers” might be false advertising

Posted on April 7, 2016 by rtushnet

Interlink Products Int’l, Inc. v. F & W Trading LLC, No. 15-1340, 2016 WL 1260713 (D.N.J. Mar. 31, 2016)   The parties compete to sell showerheads; Interlink claims rights in the marks AQUASPA, AQUASTORM, AQUADANCE, and SPIRALFLO for showerheads.  It … Continue reading →

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No mark, no false designation of origin is still the rule in NY

Posted on April 6, 2016 by rtushnet

Innovation Ventures, LLC v. Ultimate One Distributing Corp., 2016 WL 1317524, No. 12-CV-5354 (E.D.N.Y. Mar. 31, 2016)   The Fourth Circuit’s Belmora decision did more than create protection for foreign marks in the US; it created a conflict with a … Continue reading →

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Smokeless, no fire: tobacco advertising & TM claims dismissed

Posted on March 29, 2016 by rtushnet

VMR Products, LLC v. V2H ApS, 2016 WL 1177834, No. 2:13–cv–7719 (C.D. Cal. Mar. 18, 2016)   VMR makes electronic cigarettes under the federally registered trademarks V2CIGS and V2. V2H ApS is a Danish tobacco company that makes a smokeless … Continue reading →

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Foreign marks may be protected in the US under 43(a), Fourth Circuit rules

Posted on March 25, 2016 by rtushnet

Belmora LLC v. Bayer Consumer Care AG, No. 15-1335 (4th Cir. Mar. 23, 2016)   Disclosure: I worked on the brief for Belmora, the loser in this appeal.    Bayer (BCC) registered FLANAX in Mexico for pharmaceutical products, analgesics, and … Continue reading →

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Inconclusive investigation isn’t enough to give knowledge for contributory TM infringement purposes

Posted on March 23, 2016 by rtushnet

Spy Phone Labs LLC v. Google Inc., No. 15-cv-03756-PSG, 2016 BL 86393 (N.D. Cal. Mar. 21, 2016)   SPL registered Spy Phone as a mark (for something, I presume), and submitted its Android app, SPY PHONE Phone Tracker, to Google.  … Continue reading →

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Another poster child for a national anti-SLAPP law: dilution claims against a critic

Posted on March 23, 2016 by rtushnet

Doctor’s Data, Inc. v. Barrett, 2016 WL 1086510, No. 10 C 03795 (N.D. Ill. Mar. 21, 2016)   Plaintiff DDI sued Dr. Stephen J. Barrett, M.D., the National Council Against Health Fraud, and Quackwatch for violating §43, as well as … Continue reading →

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