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27 Dec, 2007 11:44 am
By Eric Goldman Boston Duck Tours, LP v. Super Duck
Tours, LLC, 2007 WL 4465464 (D. Mass. Dec. 5, 2007) In the latest advertiser-vs ... "use" for Lanham Act purposes." Despite this, the
injunction only restricts the use of the term "duck tours" as a trademark. The court concludes that the injunction doesn't restrict
every possible ... are many others--for example, I can't erase my mental image of the omnipresent duck boats in Wisconsin Dells. See the
Wikipedia entry on this topic, listing other venues. ...
26 Jun, 2008 8:07 pm
By Eric Goldman Boston Duck Tours LP v. Super Duck
Tours LLC, 2008 WL 2444480 (1st Cir. June 18, 2008) I previously blogged on this ... ). In my previous post, I wrote "I wonder if the
term "Duck Tours" has become a generic description of tours in an unattractive amphibious vehicle." Apparently my speculation
wasn't merely idle, because the First Circuit has now concluded that "duck tours" in this context is, in fact, generic. Accordingly, the
plaintiff can only protect the geographic appellation " ...
19 Jun, 2008 3:47 am
... tours" nongeneric and so dissolved a preliminary injunction. Boston Duck Tours, LP v. Super Duck Tours, LLC, Nos. 07-2078 & 07-2246 ( ...
Tours infringed -- including the mark's weakness, actual consumer confusion, and Super Duck's
intent -- the court held the district court clearly erred in finding the "likelihood of confusion" element of a trademark claim. The court also concluded that Boston Duck failed to show that it would likely succeed on its "design" trademark claim because, among other ...
13 Jul, 2007 9:20 am
... Court for the District of Massachusetts has preliminarily enjoined Super Duck Tours,
LLC, from using the term "DUCK TOURS" or a cartoon duck as a trademark or service mark in connection with sightseeing ... Duck Tours, LLC, Civil Action No. 07-11222-NMG (D. Mass. July 13, 2007). Plaintiff Boston Duck Tours identified "at least
30 ... does not clearly refer to a broad, general category of services. Rather, the word 'duck' is a play on the World War II amphibious
vehicles, DUKWs, which were the distinctive ...
24 Jun, 2008 9:09 pm
... injunction. The defendant appealed. The First Circuit vacated the injunction. The district court's erroneous holding regarding the generic nature of "duck tour" caused the district court to give too much weight to those terms in the composite marks in its likelihood ... success on the merits for both
the word marks and design marks at issue. Therefore, the court vacated the district court's preliminary injunction. More concerning Boston Duck
Tours, LP v. Super Duck Tours, LLC after the
jump. [More]
25 Jun, 2008 5:01 am
... Tours LP v. Super Duck Tours LLC, -F.3d-,
2008 WL 2444480 (1st Cir. June 18, 2008) Boston Duck Tours has been providing ... . After a competitor moved into town in 2007 calling
itself Super Duck Tours, Boston Duck Tours
filed suit for trademark infringement. The district court enjoined Super ... the protection of trademark law. In reaching this decision, the
appellate court reviewed evidence of Boston Duck's own use of the term in a generic sense, including on its website. For example, a sentence
read ...
2 Apr 3:36 pm
... trigger sponsored links constitutes a "use" within the meaning of the Lanham Act. See Hearts on Fire Company, LLC v. Blue Nile, Inc., Case
No. 08-cv-11053 (D. Mass. March 27, 2009). I previously blogged about this case here. Hearts on Fire Company, LLC ("HOF"), the company behind
the "Hearts On Fire" diamond (a/k/a The World's Most Perfectly Cut ... purchase of trademarked keywords to trigger sponsored links. See Boston Duck Tours, LP v. Super Duck Tours, LLC, 527 F. Supp. 2d 205, 207 (D. ...
28 Dec, 2007 12:31 am
Per Boston Duck Tours, LP v. Super Duck
Tours, LLC, --- F.Supp.2d ----, 2007 WL 4465464 (D. Mass. Dec. 05, 2007): The ... claim based on sponsored linking); Site Pro-1, Inc. v.
Better Metal, LLC, 506 F.Supp.2d 123 (E.D.N.Y.2007) (same ... .G. Wentworth, S.S.C. Ltd. P'ship v. Settlement Funding LLC, 2007 WL 30115 (ED Pa.2007) (finding trademark use in sponsored linking ... allowing defendant's motion to dismiss on other grounds); Buying for the Home,
LLC v. Humble Abode, LLC, 459 F.Supp.2d 310 (D.N.J.2006) ...
12 Sep, 2008 2:33 pm
... : (TTABlog), Los Angeles Times features investigator of counterfeit jeans: (Seattle Trademark Lawyer) US Trade Marks - Decisions Limits of 'actual confusion' clarified: Boston
Duck Tours v Super Duck Tours: (Law360), CAFC
finds National Football League's unauthorised use of ... TTABlog), GANGA merely descriptive of department store services, says TTAB, equivalently: In re M6 Ventures LLC (non precedential): (TTABlog), TTAB finds BOYD'S and BOYDS confusingly similar for clothing, ...
16 Oct, 2008 9:14 am
... also recoverable under this tort. Shiner v. Moriarty, 706 A.2d 1228, 1239 (Pa.Super. 1998); Perry v. H&R Block Eastern Enterprises,
Inc., 2007 U ... demonstrated that there is a "presently existing actual threat of injury". Ride the Ducks of Philadelphia, LLC v.
Duck Boat Tours, Inc., 138 Fed.Appx. 431, 434 (3d Cir. 2005 ... Moriarty, cited above, quotes Pawlowski v. Smorto, 403 Pa.
Super. 71, 588 A.2d 36 (Pa.Super. 1991), for the damage element of the tort involving "the loss of
the benefits of the ...
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