Tag Archives: trademark

Sixteenth Trademark Scholars’ Roundtable Trademark Use 2.0 part 1

Posted on May 2, 2025 by rtushnet

University of Minnesota Law School, May 2-3, 2025 Graeme Dinwoodie Why revisit use? (Reading list for 2008 roundtable; session 1, session 2, session 2 part 2, session 3.) Creates methodological questions that are useful/worthy of exploring. 20 years may have … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

7th Circuit allows nationwide injunction under Illinois consumer protection law

Posted on April 28, 2025 by rtushnet

Republic Technol. (NA), LLC v. BBK Tobacco & Foods, LLP, — F.4th —-, 2025 WL 1201401, No. 23-2973, No. 23-3096 (7th Cir. 2025) Republic and BBK (aka HBI) compete in the market for organic hemp rolling papers for cigarettes. Republic … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

New in my TM collection

Posted on April 16, 2025 by rtushnet

 Ebay is really great for this sort of thing: Glade Plug-in in the shape of a pine tree See Car-Freshner v. S.C. Johnson & Son, 70 F.3d 267 (2d Cir. 1995). from Blogger http://tushnet.blogspot.com/2025/04/new-in-my-tm-collection.html

Posted in Uncategorized | Tagged | Leave a comment

The Battle for Our Attention: Empirical, Philosophical and Legal Questions: Northeastern University School of Law

Posted on April 11, 2025 by rtushnet

 Panel 3 – Media and Communication Systems for Attention Capture  This panel will address how different fields, from media studies to economics, think about attention, how it is captured and valued. Do different types of media (political news, advertisements, sexual … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

trademark use is easier with a suggestive mark than with a descriptive one

Posted on April 11, 2025 by rtushnet

Medical Depot, Inc. v. Med Way US, Inc., — F.Supp.3d —-, 2025 WL 948334, No. 22-CV-01272 (OEM) (SIL) (E.D.N.Y. Mar. 28, 20 This case focuses on trademark “use.” The parties are medical supply companies who use similar marks—“Med-Aire” and “MEDAIR®”—to … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Trademark question of the day

Posted on April 7, 2025 by rtushnet

 At a hotel recently, I was presented with this gem: “Staybill,” a guide to hotel/local attractions. Does it matter that PLAYBILL is registered for, inter alia, “making hotel reservations for others”? from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day_7.html

Posted in Uncategorized | Tagged | Leave a comment

is selling stolen goods trademark infringement?

Posted on April 2, 2025 by rtushnet

Tentantable.com, LLC v. Aljibouri, 2025 WL 959656, No. 22-CV-78-LJV (W.D.N.Y. Mar. 31, 2025) Not sure I’ve seen this before! Is selling stolen goods trademark infringement? No, this court says, and that has to be right. Plaintiffs sell “various inflatable products … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

trademark question of the day

Posted on April 2, 2025 by rtushnet

  “One Wing to Rule Them All” ad from Moby Dick. “Marinated in Moby’s secret spices and flame-kissed to perfectoin, these delicious wings have the power to put fellowships at risk!” from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day.html

Posted in Uncategorized | Tagged | Leave a comment

Reading List: morality and trademarks in South Asia

Posted on March 19, 2025 by rtushnet

Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh, 40 UCLA Pacific Basin Law Journal 127 (2023)  Abstract: Pakistan, India, and Bangladesh were all established on a sense of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

comparative advertising isn’t confusing

Posted on March 10, 2025 by rtushnet

Windmar PV Energy, Inc. v. Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 24-1570 (RAM) (D.P.R. Mar. 6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Windmar and Solar now compete in … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment