Tag Archives: trademark

trademark use is easier with a suggestive mark than with a descriptive one

Posted on April 11, 2025 by rtushnet

Medical Depot, Inc. v. Med Way US, Inc., — F.Supp.3d —-, 2025 WL 948334, No. 22-CV-01272 (OEM) (SIL) (E.D.N.Y. Mar. 28, 20 This case focuses on trademark “use.” The parties are medical supply companies who use similar marks—“Med-Aire” and “MEDAIR®”—to … Continue reading →

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Trademark question of the day

Posted on April 7, 2025 by rtushnet

 At a hotel recently, I was presented with this gem: “Staybill,” a guide to hotel/local attractions. Does it matter that PLAYBILL is registered for, inter alia, “making hotel reservations for others”? from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day_7.html

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is selling stolen goods trademark infringement?

Posted on April 2, 2025 by rtushnet

Tentantable.com, LLC v. Aljibouri, 2025 WL 959656, No. 22-CV-78-LJV (W.D.N.Y. Mar. 31, 2025) Not sure I’ve seen this before! Is selling stolen goods trademark infringement? No, this court says, and that has to be right. Plaintiffs sell “various inflatable products … Continue reading →

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trademark question of the day

Posted on April 2, 2025 by rtushnet

  “One Wing to Rule Them All” ad from Moby Dick. “Marinated in Moby’s secret spices and flame-kissed to perfectoin, these delicious wings have the power to put fellowships at risk!” from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day.html

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Reading List: morality and trademarks in South Asia

Posted on March 19, 2025 by rtushnet

Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh, 40 UCLA Pacific Basin Law Journal 127 (2023)  Abstract: Pakistan, India, and Bangladesh were all established on a sense of … Continue reading →

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comparative advertising isn’t confusing

Posted on March 10, 2025 by rtushnet

Windmar PV Energy, Inc. v. Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 24-1570 (RAM) (D.P.R. Mar. 6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Windmar and Solar now compete in … Continue reading →

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Rogers v. Grimaldi lives on, at least for work content

Posted on February 28, 2025 by rtushnet

Of note because the lawsuit was brought at all, suggesting that trademark owners are willing to try to roll back any First Amendment protections for noncommercial speech. Pepperdine University v. Netflix, Inc., No. 2:25-cv-01429-CV (ADSx), 2025 WL 632983 (C.D. Cal. … Continue reading →

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5th Circuit discounts confusion caused by overlap in commonly used arbitrary word

Posted on February 28, 2025 by rtushnet

Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., No. 24-30111, 2025 WL 586820 (5th Cir. Feb. 24, 2025) District court’s denial of preliminary injunction discussed here. Rampart Resources) provides real estate and property management services in Louisiana, Texas, Arkansas, Mississippi, Alabama, … Continue reading →

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Remedy creep: SCt seems to endorse more disgorgement

Posted on February 27, 2025 by rtushnet

Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23–900 (Feb. 26, 2025) We’ve gone very fast from most lower courts saying that willfulness was required for Lanham Act disgorgement/profits awards, to the Court saying that it wasn’t required but was … Continue reading →

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game spat expands beyond false advertising to TM and (c)

Posted on February 17, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. Feb. 7, 2025) Previous discussion. Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added … Continue reading →

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