Tag Archives: trademark

Empire down: Fox’s series protected no matter how confused consumers are

Posted on February 3, 2016 by rtushnet

Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 15-2158 (C.D. Cal. Feb. 1, 2016)   Sometimes it’s nice to see the law work itself pure, as a court clears out some plaintiff-postulated ambiguities in Rogers v. Grimaldi.  … Continue reading →

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Lexmark gives some non-TM owners standing to sue for infringement

Posted on January 26, 2016 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2016 WL 266396, No. 08-11867 (E.D. Mich. Jan. 21, 2016)   This long-lived dispute goes another round of various motions in limine.  Innovation sued NVE for trademark infringement; NVE counterclaimed for false advertising.  Here, … Continue reading →

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My Other Bag seeks fees from TM bully LV

Posted on January 25, 2016 by rtushnet

Public Citizen supports My Other Bag in its motion for attorneys’ fees against fashionable trademark bully Louis Vuitton.  As usual, cogent and vigorous argument.  from Blogger http://ift.tt/1KzZRIE

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reverse passing off still actionable as false advertising, court reminds us

Posted on January 22, 2016 by rtushnet

OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 2016 WL 236231, No. CV-14-085 (E.D. Wash. Jan. 20, 2016) Interesting little case that doesn’t mention Dastar, but is a rare application of the Dastar principle that reverse passing off can … Continue reading →

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SanMedica v. Amazon: how many clickthroughs make likely confusion plausible?

Posted on January 21, 2016 by rtushnet

In SanMedica v. Amazon, the court initially found enough evidence of confusion from Amazon’s continued use of a trademark in keyword ads (after it had kicked the seller off its platform, but continued to offer competing brands) to deny summary … Continue reading →

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If the messiah tarries, how long until we find laches?

Posted on January 20, 2016 by rtushnet

Vaad L’Hafotzas Sichos, Inc. v. Kehot Publication Society, — F.Supp.3d —-, 2016 WL 183226, No. 10–CV–4976 (E.D.N.Y. Jan. 14, 2016)   Found this one in another search and was fascinated.  After the death of Rabbi Menachem Mendel Schneerson (the Rebbe), … Continue reading →

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Going to the mattresses without initial interest confusion

Posted on January 15, 2016 by rtushnet

Select Comfort Corporation v. Baxter, No. 12-2899, 2016 WL 158516 (D. Minn. Jan. 13, 2016)   A lot of stuff going on here. The parties compete in the market for adjustable air beds and related products. Select Comfort has a … Continue reading →

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My other district court decision is a loss: LV loses parody bag case

Posted on January 11, 2016 by rtushnet

Louis Vuitton Malletier, S.A. v. My Other Bag , Inc., No. 14-CV-3419 (S.D.N.Y. Jan. 8, 2016)   The Hon. Jesse Furman again demonstrates his good sense.  My Other Bag sells canvas tote bags with the text “My Other Bag . … Continue reading →

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AALS panel on the scope of IP rights

Posted on January 11, 2016 by rtushnet

Intellectual Property – Interpreting the Scope of IP Rights Moderator: Zahr Said, University of Washington School of Law   Margaret-Jane Radin, The University of Michigan Law School: Patent scope. The problem of describing innovation (thing in the world) in words. … Continue reading →

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Bait and switch on different versions of the same brand isn’t TM infringement

Posted on December 31, 2015 by rtushnet

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015)   Adobe loses this case because of pleading and discovery choices, allowing the 9th Circuit to avoid harder first sale questions.  Christenson sold Adobe software, which he purchased … Continue reading →

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