Tag Archives: trademark

Uber and out: court grants limited but still tricky injunction against Uber

Posted on February 18, 2016 by rtushnet

Uber Promotions, Inc. v. Uber Technologies, Inc., No. 15-cv-206 (N.D. Fla. Feb. 16, 2016)   This is a hardcore test of how you feel about consumer protection as the sole legitimate aim of trademark law.  Uber Technologies (Tech) rolled into … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

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

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

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