Tag Archives: trademark

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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LinkedIn connection supports right of publicity claim for otherwise generic word

Posted on February 14, 2025 by rtushnet

Joel E. Cape, PLC v. Cape Law PC, — F.Supp.3d —-, 2024 WL 4839370, NO. 5:24-CV-5104 (W.D. Ark. Nov. 20, 2024) The right of publicity claim in this case seems to hang on a LinkedIn connection. Joel Cape opened his … Continue reading →

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gray market material differences must come from products/warranties, not supply chain alone

Posted on February 14, 2025 by rtushnet

Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2025 WL 465815, No. 22-cv-1681 (KMM/JFD) (D. Minn. Feb. 11, 2025) This discovery dispute says some interesting things about gray market goods. “This lawsuit involves claims and counterclaims between competitors selling … Continue reading →

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delay bars ROP/Lanham Act claims when Facebook use was open and plaintiffs were aware of lots of unauthorized use

Posted on February 14, 2025 by rtushnet

Davalos v. Baywaych Inc., 2024 WL 5344434, — F.Supp.3d —-, No. 21-11075-NMG (D. Mass. Sept. 30, 2024) The caption seems to be a typo, but it’s one of the many right of publicity etc. cases by models against adult clubs … Continue reading →

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WIPIP: IP for the Larger World

Posted on January 31, 2025 by rtushnet

Koo, De-Colonising Copyright Law Is fair use even possible outside the US? If we want to export fair use, what is it we actually want to export? Many US academics many not think it’s the greatest idea—if we had a … Continue reading →

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