Tag Archives: trademark

allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

Posted on December 11, 2024 by rtushnet

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading →

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My latest acquisition

Posted on November 18, 2024 by rtushnet

 They’re even in my size! Heavy, but not as hard to walk in as I feared. from Blogger http://tushnet.blogspot.com/2024/11/my-latest-acquisition.html

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when weak TM claims do better than seemingly strong false advertising claims

Posted on October 28, 2024 by rtushnet

Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, — F.Supp.3d —-, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which … Continue reading →

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associating two differently named products can’t cause dilution, which requires similar marks

Posted on October 18, 2024 by rtushnet

In re Soclean, Inc., Marketing, Sales Practices & Prods. Liab. Litig., No. 22-mc-152, MDL No. 3021, 2024 WL 4444819 (W.D. Pa. Oct. 8, 2024) Previous discussion of MDL. As previously noted, SoClean is a dominant player in the market for … Continue reading →

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Another API (c) case with false advertising and contract claims too

Posted on October 18, 2024 by rtushnet

Trackman, Inc. v. GSP Golf AB, 2024 WL 4276497, No. 23 Civ. 598 (NRB) (S.D.N.Y. Sept. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf … Continue reading →

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For-profit company can republish ASTM standards incorporated by reference into law

Posted on October 16, 2024 by rtushnet

Am. Soc. for Testing & Materials v. UpCodes, Inc., No. 24-1895 (E.D. Pa. Oct. 2, 2024) ASTM, which produces technical standards, sued UpCodes  for providing free online access to unauthorized copies of ten ASTM standards, all of which have been … Continue reading →

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Copyright preemption in trade dress claims?

Posted on September 20, 2024 by rtushnet

Scotts Company LLC v. SBM Life Science Corp., — F.Supp.3d —-, No. 2:23-cv-1541, 2024 WL 4217446 (S.D. Ohio Sept. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its … Continue reading →

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Organic search results aren’t TM “use”

Posted on August 30, 2024 by rtushnet

Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512, No. 2:23-cv-08536-SVW-MAR (C.D. Cal. Jul. 31, 2024) In 2024, people are still bringing keyword advertising cases. Walmart wins summary judgment. Alsa sells paint, including chrome paint, and claims common-law rights in … Continue reading →

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6th Circuit applies JDI to political speech, but holds that disclaimers avoid confusion

Posted on August 30, 2024 by rtushnet

Libertarian National Committee, Inc. v. Saliba, No. 23-1856 (6th Cir. Aug. 28, 2024) Dissenting members of the Libertarian Party of Michigan maintain that they are the true Michigan affiliate. The Libertarian National Committee sued and the district court enjoined them … Continue reading →

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Court accepts survey with disclaimer control that causes 38% confusion

Posted on August 27, 2024 by rtushnet

 Another ruling in the PNC v. Plaid case: PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3691607, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) Daubert motions for this case. I’ll only discuss the stuff I find interesting.   Kivetz … Continue reading →

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