Tag Archives: trademark

Amicus brief in karaoke case: Dastar revisited

Posted on December 2, 2015 by rtushnet

Mark McKenna (and I) filed an amicus brief on behalf of IP professors in another karaoke case, dealing with alleged infringement that consisted of displaying karaoke lyrics using unauthorized copies of the karaoke tracks, based on alleged trade dress in the audiovisual … Continue reading →

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Trademark Law’s Fundamental Purposes, part 3

Posted on November 20, 2015 by rtushnet

Purposes and limits (or not) in modern trademark law:  Wendy Gordon, Rebecca Tushnet   RT: Stacey Dogan’s statement that as a practical matter we need justifications for copying/free riding—I didn’t want to believe it, but I’m coming around to that … Continue reading →

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Trademark Law’s Fundamental Purposes, part 2

Posted on November 20, 2015 by rtushnet

The role of justifications and equitable considerations in trademark law:  Stacey Dogan   Many of the early cases are limiting protection b/c of some interest they’re trying to protect on the other side—Borden is an exception.  Maybe a public right … Continue reading →

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Trademark Law’s Fundamental Purposes at BU

Posted on November 20, 2015 by rtushnet

IP Conversations:  Trademark Law’s Fundamental Purposes, Boston University School of Law   The debate over normative foundations:  Mark McKenna: up until the 1920s-40s, courts uniformly understood that unfair competition was about trade diversion, illegitimately getting business that should have gone … Continue reading →

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Trademark question of the day, Hamilton edition

Posted on November 17, 2015 by rtushnet

Yes, this is a Hamilton blog for the foreseeable future.  As they say, sorry not sorry.  Last night, Bernie Sanders sent me this email: Fellow Hamiltunes fans (many of whom are almost certainly in Sanders’ target demographic, like me) will … Continue reading →

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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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