Tag Archives: trademark

Right of publicity workshop at Yale

Posted on October 17, 2015 by rtushnet

Right of Publicity Workshop Yale Law School Information Society Project Abrams Institute for Freedom of Expression   Chatham House rules apparently allow me to disclose my own participation, but not that of others, so I’ll just take some notes on … Continue reading →

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Dastar bars website trade dress claim that just repeats copyright allegations

Posted on October 16, 2015 by rtushnet

Touchpoint Communications, LLC v. DentalFone, LLC, No. 15-cv-05240 (W.D. Wash. Oct. 9, 2015)   Touchpoint and DentalFone are Internet dental marketing companies.  Touchpoint filed a declaratory judgment action seeking a judgment of noninfringement of DentalFone’s copyrights and trade dress/lack of … Continue reading →

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A technicolor rainbow of a case: Lisa Frank sues craft company for selling crafts

Posted on October 15, 2015 by rtushnet

Lisa Frank, Inc. v. Orb Factory Ltd., No. 15-cv-00433 (D. Az. filed Sept. 16, 2015) Lisa Frank makes tchotchkes, supplies for kids, paper goods, and the like.  Lisa Frank’s claimed trade dress is   the combination of some or all … Continue reading →

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Right of publicity question of the day, Will Ferrell edition

Posted on October 13, 2015 by rtushnet

Here is a story about a Will Ferrell-themed bar.  Given New York’s very limited statutory right of publicity, and the fact that the menu items don’t seem to use the actor’s name, does the display of photos of him in the … Continue reading →

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CFP 2015: Internet content blocking by the ITC

Posted on October 13, 2015 by rtushnet

Computers, Freedom & Privacy Conference 2015 Internet Content Blocking by the U.S. International Trade Commission.   In April 2014, a little-known agency called the U.S. International Trade Commission handed itself power to block data on the Internet. Internet companies fear … Continue reading →

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Trademark question of the day, sperm donor edition

Posted on October 13, 2015 by rtushnet

From an eagle-eyed student, who also reports that one consequence of transferring from a well-regarded state school to an Ivy League school was the appearance of these ads on his Facebook wall. Dilution of Nike’s marks?  from Blogger http://ift.tt/1WZxI56

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DMCA doesn’t block reverse engineering of vehicle diagnosis software but TM might

Posted on October 5, 2015 by rtushnet

Ford Motor Co. v. Autel US Inc., No.14-13760 (E.D. Mich. Sept. 30, 3015)   Apart from cars and trucks, Ford sells automotive repair products. Among them is Ford’s Integrated Diagnostic System (IDS system) which diagnoses potential problems with Ford vehicles … Continue reading →

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Notre Dame Roundtable on Drassinower, Part 4

Posted on October 2, 2015 by rtushnet

Session IV – Subject Matter and Limitations   •           Rebecca Tushnet   Drassinower defines trademark as the right to completely control the meaning of a mark as applied to a good or service: radically unidirectional, like a one-way traffic sign, … Continue reading →

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Don’t send misappropriation to do copyright’s job

Posted on October 1, 2015 by rtushnet

Alaskasland.com, LLC v. Cross, No. S­15270 (Alaska Sept. 25, 2015)   A realtor group listed property adjacent to a neighboring subdivision, Susitna Shores, using three photos taken from the subdivision’s marketing materials, including one showing the subdivision’s stylized entrance sign.  … Continue reading →

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Notice and Notice Failure at BU, panel 8

Posted on September 26, 2015 by rtushnet

Robert Bone – Notice Failure and Defenses in Trademark Law   Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. Bone finds an important distinction between unauthorized uses that implicate rights … Continue reading →

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