Tag Archives: trademark

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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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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