Tag Archives: trademark

Notice and notice failure at BU: panel 1

Posted on September 25, 2015 by rtushnet

Graeme Dinwoodie – Trademarks and Commercial Reality: registration systems/use systems; Industrial policy/consumer protection and registered/unregistered affect notice, but not sure how much compared to patent.  Costs of inadequate notice may not be as great.  Efforts to ensure adequate notice need … Continue reading →

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Just another lawsuit out of Boston

Posted on September 24, 2015 by rtushnet

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading →

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Journal of Patent & Trademark Office Society’s Mid-Atlantic student writing competition

Posted on September 16, 2015 by rtushnet

As the oldest publishing intellectual property law journal in America, the Journal of Patent & Trademark Office Society (JPTOS) provides a forum dedicated to the discussion of legal and technical subjects related to patent, trademark, and copyright laws.  JPTOS boasts … Continue reading →

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Another internal website search engine case survives motion to dismiss

Posted on September 8, 2015 by rtushnet

Stiles v. Wal-Mart Stores, Inc., 2015 WL 5173060, No. 2:14–CV–2234 (E.D. Cal. Sept. 2, 2015) (magistrate judge)   Stiles allegedly patented the “Stiles Razor,” the only personal styling razor with a 1/8” blade and ergonomic handle allowing for safe and … Continue reading →

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TM/right of publicity mismatch claims another video game victim

Posted on September 3, 2015 by rtushnet

Virag, SRL v. Sony Computer Entertainment America LLC, No. 3:15-cv-01729 (N.D. Cal. Aug. 21, 2015)   In yet another demonstration of the ridiculous mismatch between right of publicity law and trademark law, Sony wins dismissal of trademark claims for its … Continue reading →

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Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor’s harassment

Posted on August 26, 2015 by rtushnet

Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc., No. 13-20250 (5th Cir. Aug. 21, 2015)   The parties, test prep companies, have competing claims to TESTMASTERS as a trademark, and have been litigating for over a decade.  … Continue reading →

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Copyright infringement is channeled into (c), not state or Lanham Act claims

Posted on August 19, 2015 by rtushnet

Quadratec, Inc. v. Turn 5, Inc., 2015 WL 4876314, No. 13–6384 (E.D. Pa. Aug. 13, 2015)   The parties compete to sell removable soft tops and other aftermarket parts and accessories for Jeep vehicles. Quadratec alleged that it invests substantial … Continue reading →

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Connecticut taxi companies’ claims against Uber fail

Posted on August 18, 2015 by rtushnet

Greenwich Taxi, Inc. v. Uber Technologies, Inc., 2015 WL 4774989, No. 14cv733 (D. Conn. Aug. 13, 2015   Plaintiffs sued Uber for violating the Lanham Act, the Connecticut Unfair Trade Practices Act (CUTPA), and RICO, as well as for intentional … Continue reading →

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Pure mourning: Pom fails to get preliminary injunction again

Posted on August 12, 2015 by rtushnet

Pom Wonderful LLC v.  Pur Beverages LLC, No. 13-cv-06917 (C.D. Cal. Aug. 6, 2015)    Pom fares no better its second time around. Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy … Continue reading →

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Be very afraid: another court refuses to find irreparable harm despite confusion

Posted on August 11, 2015 by rtushnet

Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015)   Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading →

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