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Consumer Protection in Retail: Weekly Roundup
19 Jul 2017, 11:46 am by Phyllis H. Marcus
Tyson’s Hot Dog TM Suit is Going, Going Gone Tyson Foods and Hillshire Brands received a thumbs-up from the Third Circuit to continue using “Park’s Finest” for its Ball Park brand hot dogs. [read post]
Hunton Retail Law Resource Blog - https://www.huntonretailindustryblog.com/
Consumer Protection in Retail: Weekly Roundup
19 Jul 2017, 11:46 am by Phyllis H. Marcus and Kelly R. Oeltjenbruns
Tyson’s Hot Dog TM Suit is Going, Going Gone Tyson Foods and Hillshire Brands received a thumbs-up from the Third Circuit to continue using “Park’s Finest” for its Ball Park brand hot dogs. [read post]
Hunton Retail Law Resource Blog - https://www.huntonretailindustryblog.com/
Oh, the Lawsuits You'll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too
14 Jun 2017, 7:03 am by Rebecca Tushnet
Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. [read post]
43(B)log - http://tushnet.blogspot.com/
9th Circuit accepts irreparable harm finding in TM licensee breach case
30 May 2017, 8:00 am by Rebecca Tushnet
Hillair Capital Management, LLC, --- Fed.Appx. ----, 2017 WL 2304376, No. 16-56217 (9th Cir. [read post]
43(B)log - http://tushnet.blogspot.com/
allegedly false claims of official endorsement by Trump can be false advertising
10 May 2017, 8:05 am by Rebecca Tushnet
Bobbleheads.com, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Blast from the past: another keyword ad case where TM won't work
17 Mar 2017, 9:40 am by Rebecca Tushnet
., LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
Supreme Court Update: Are Secondary Indicia of Invention Relevant to Eligibility?
8 Feb 2017, 3:09 am by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Eligibility: TDE Petroleum Data Solutions, Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
9th Circuit rejects Slep-Tone's anti-copying claim couched as TM claim
19 Jan 2017, 8:09 am by Rebecca Tushnet
., LLC, No. 14-17229 (9th Cir. [read post]
43(B)log - http://tushnet.blogspot.com/
Supreme Court 2017 – Patent Preview
16 Jan 2017, 5:44 pm by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Eligibility and CBM: DataTreasury Corporation v. [read post]
Patently-O - http://patentlyo.com/patent
Business betrayal isn't false advertising, could be TM infringement
15 Dec 2016, 10:28 am by Rebecca Tushnet
Kische USA LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
TM Specimen Fails to Associate Mark With Goods, Says TTAB
8 Dec 2016, 3:30 am
In re 2nd Life Tech, LLC, Serial No. 86415828 (December 2, 2016) [not precedential].Applicant's specimen of use consisted of a Kickstarter page displaying the mark in the upper left hand corner beneath the KICKSTARTER mark. [read post]
The TTABlog - http://thettablog.blogspot.com/
Supreme Court Patent Cases: Post Sale Exhaustion
14 Nov 2016, 9:16 am by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Post Grant Admin: Ethicon Endo-Surgery, Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims
18 Oct 2016, 8:35 am by Rebecca Tushnet
Spy Phone Labs LLC. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Supreme Court Update: Extending the ITC’s Reach Beyond US Borders
13 Oct 2016, 6:50 am by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Post Grant Admin: Ethicon Endo-Surgery, Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
Supreme Court Patent Cases – September 28 Update
28 Sep 2016, 8:39 am by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Safe Harbor: Amphastar Pharmaceuticals, Inc., et al. v. [read post]
Patently-O - http://patentlyo.com/patent
Supreme Court Patent Cases: Malpractice, Obviousness, and Venue
18 Sep 2016, 6:03 pm by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Safe Harbor: Amphastar Pharmaceuticals, Inc., et al. v. [read post]
Patently-O - http://patentlyo.com/patent
Supreme Court Patent Cases: Previewing the October Term 2016
5 Sep 2016, 6:46 pm by Dennis Crouch
Fossil, Inc., et al, No. 16-202 (SCA Redux plus TM issue) Safe Harbor: Amphastar Pharmaceuticals, Inc., et al. v. [read post]
Patently-O - http://patentlyo.com/patent
Don't send a TM to do a (c)'s job: 7th Circuit rules in Slep-Tone case
22 Jul 2016, 4:27 am by Rebecca Tushnet
Phoenix Entertainment Partners, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/
TM/false advertising interface: "same formulation" statement w/o more infringes
30 Jun 2016, 10:44 am by Rebecca Tushnet
In 2014, Professor De Simone decided to leave VSL Pharmaceuticals and is now collaborating with ExeGi Pharma, LLC to produce Visbiome, a probiotic using the same proprietary blend of probiotic strains that De Simone originally invented.ExeGi launched Visbiome on February 1, 2016, the day after the agreement between VSL and Danisco, the original manufacturer of VSL#3 and current manufacturer of Visbiome, expired on January 31, 2016. [read post]
43(B)log - http://tushnet.blogspot.com/
Double play: Tyson defeats TM and false advertising claims
12 May 2016, 10:11 am by Rebecca Tushnet
Parks, LLC v. [read post]
43(B)log - http://tushnet.blogspot.com/