Tag Archives: trademark

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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Reading list: measuring sponsorship materiality

Posted on August 11, 2015 by rtushnet

Reading list: Matthew B. Kugler, Measuring Sponsorship Materiality.  Abstract:   The problem of sponsorship confusion is one of the most vexing in trademark law. Mark owners often claim that the use of their marks in movies or on merchandise will … Continue reading →

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7th Amendment provides jury right for TM profits as proxy for damages

Posted on August 10, 2015 by rtushnet

Black & Decker Corp. v. Positec USA Inc., — F.Supp.3d —-, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015   The parties compete to sell power tools.  B&D alleged that Positec infringed their patents and trademarks in the … Continue reading →

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Ad of the day: does Louboutin have a claim?

Posted on August 7, 2015 by rtushnet

Association? Dilution? Would any of the dilution exceptions apply? Via SocImages. from Blogger http://ift.tt/1UtjVT9

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Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

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IPSC First Breakout Session, Trademark Registration

Posted on August 6, 2015 by rtushnet

Barton Beebe & Jeanne Fromer, New York University School of Law Is the Frontier Closing?: Registration Rates of Frequently Used Words on the PTO’s Trademark Register    Much of TM literature claims that the range of marks is infinite; Qualitex … Continue reading →

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