Tag Archives: trademark

Only connect: security company enjoined from false association with ADT

Posted on November 2, 2015 by rtushnet

ADT, LLC v. Capital Connect, Inc., 2015 WL 6549277, No. 3:15-CV-2252 (N.D. Tex. Oct. 28, 2015)   ADT provides electronic security services and equipment to nearly one quarter of those American homes that are equipped with alarm systems. It sued … Continue reading →

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In which I win a motion to intervene

Posted on November 2, 2015 by rtushnet

Actually, my fine attorneys at Public Citizen have prevailed in my motion to intervene in SanMedica v. Amazon, the case in which the court found sufficient evidence of likely confusion under the 10th Circuit’s 1-800 Contacts rule without telling us … Continue reading →

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Reading list: trademark standing after Lexmark

Posted on November 2, 2015 by rtushnet

John L. Brennan, Determining Trademark Standing in the Wake of Lexmark, 90 Notre Dame L. Rev. 1691 (2014). I like it:   Although the Court’s decision in Lexmark has resolved the debate over the issue of standing for false advertising … Continue reading →

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Today’s unauthorized uses

Posted on October 29, 2015 by rtushnet

From pictures I have taken around town. Just Hike It T-shirt May the Forest Be With You Shenandoah National Park T-shirt Am I the only one who sees the Amazon smile in this ad? “Walkens welcome” sign to attract walk-in … Continue reading →

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Registration symposium at William & Mary, part 2

Posted on October 23, 2015 by rtushnet

Rebecca Tushnet: And now for something different!  I’ve been asked to speak about the implications of the Pro-Football case and decisions made by the courts with regards to the trademark process and freedom of speech.  Thanks to Fred Schauer and … Continue reading →

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Trademark infringement on hang tags is covered advertising injury

Posted on October 23, 2015 by rtushnet

E.S.Y., Inc. v. Scottsdale Ins. Co., 2015 WL 6164666, No. 15–21349–CIV (S.D. Fla. Oct. 14, 2015) Scottsdale insured ESY under a commercial general liability insurance policy, with coverage for advertising injury.  Exist, an apparel maker, later sued ESY for infringing … Continue reading →

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General involvement in app production doesn’t defeat 230

Posted on October 22, 2015 by rtushnet

Free Kick Master LLC v. Apple Inc., 2015 WL 6123058, No. 15-cv-03403 (N.D. Cal. Oct. 19, 2015)   Free Kick Master has a registration for “Free Kick Master,” and sued Apple, Google, and Samsung, alleging that they all offered downloads … Continue reading →

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Back to the Future: 9th Cir. reverses itself in Multi Time Machine

Posted on October 22, 2015 by rtushnet

Multi Time Machine, Inc. v. Amazon.com, Inc., No. 13-55575 (9th Cir. Oct. 21, 2015)   Reversing itself (with amicus advocacy from, among others, yours truly), the panel now by 2-1 holds that Amazon should have gotten summary judgment for its … Continue reading →

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Right of Publicity Workshop Part 3

Posted on October 17, 2015 by rtushnet

Relationship to Copyright law/Relationship to Trademark law    Dryer v. NFL will be argued to the 8th Cir. challenged by retired NFL players to continued airing of programs recounting their exploits in actual games.  Survived a motion to dismiss.  After … Continue reading →

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Right of publicity workshop part 2

Posted on October 17, 2015 by rtushnet

How is the “right” to be reconciled with the First Amendment?     Could be part of the vast universe of communication that isn’t protected speech: Fred Schauer’s writing.  Contracts aren’t protected by 1A, etc.  Could just be market behavior. That … Continue reading →

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