Tag Archives: trademark

4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Posted on May 21, 2015 by rtushnet

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading →

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Pop goes the lawsuit: “original” ice pop claim could be false advertising

Posted on May 20, 2015 by rtushnet

Conopco Inc. v. Wells Enterprises, Inc., No. 14 Civ. 2223, 2015 WL 2330115 (S.D.N.Y. May 13, 2015)   Wells makes the Bomb Pop, the first red-white-and-blue rocket-shaped ice pop sold in the US, created in 1955, and markets it as … Continue reading →

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His red (copy)right hand

Posted on May 20, 2015 by rtushnet

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. “He’ll rekindle all the dreams it took you a lifetime to destroy.” from Blogger http://ift.tt/1K0Il0p

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NPR on The Slants, with appearance by me

Posted on May 9, 2015 by rtushnet

Link to the show is here. from Blogger http://ift.tt/1H8LSMC

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Answer unclear in Clearly beverage infringement case

Posted on May 8, 2015 by rtushnet

Clearly Food & Beverage Co. v. Top Shelf Beverages, Inc., No. C13–1763, 2015 WL 1926503 (W.D. Wash. Apr. 28, 2015)   Plaintiff Clearly Food owns, by a 2012 assignment from the defunct Clearly Canadian corporation, a registration for Clearly Canadian … Continue reading →

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Amazon doesn’t want you to know how to appy 1-800’s IIC rule

Posted on April 22, 2015 by rtushnet

SanMedica Int’l, LLC v. Amazon.com, Inc., No. 13-cv-00169 (D. Utah filed publicly Apr. 15, 2015) The parties agreed to dismiss the case with prejudice on the day the redacted version of the opinion was released, so we won’t get more. … Continue reading →

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2(a) avoids First Amendment challenge, for now

Posted on April 21, 2015 by rtushnet

In re Tam, — F.3d –,  No. 2014-1203 (Fed. Cir. Apr. 20, 2015)   The Federal Circuit affirmed the refusal to register THE SLANTS for entertainment (a band) because it was disparaging, with “additional views” from one judge suggesting that … Continue reading →

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Territoriality is no bar to keeping up with the Kardashians in Kroma dispute

Posted on April 20, 2015 by rtushnet

Kroma Makeup EU, Ltd. v. Boldface Licensing Branding, Inc., No. 6:14–cv–1551, 2015 WL 1708757 (M.D. Fla. Apr. 15, 2015)   A foreign licensee of a US trademark sued US citizens for alleged infringement abroad, and sued its licensor for refusing … Continue reading →

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Campbell conference: ethical and strategic issues in fair use litigation

Posted on April 17, 2015 by rtushnet

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve)   Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission?   Lydia Loren, Lewis & Clark: for all its positive effects, she … Continue reading →

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Thermolife sues critic’s blog for cybersquatting

Posted on April 15, 2015 by rtushnet

A reader pointed me to this lawsuit, alleging cybersquatting against http://ift.tt/1CLQWzE based on Thermolife’s Muscle Beach marks.  You may notice that this isn’t really a domain name, but a blog hosted on WordPress.  In an in rem proceeding, will the court … Continue reading →

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