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TM may look like a certification mark, but that doesn't harm a competing trade organization
1 May 2020, 2:04 pm by Rebecca Tushnet
D’avolio Inc., 16-CV-6986 (SJF) (ARL), 2020 WL 2079421 (E.D.N.Y. [read post]
43(B)log - http://tushnet.blogspot.com/
do retailers proximately cause the harm of false advertising? [what about of TM infringement?]
5 Dec 2019, 11:01 am by Rebecca Tushnet
” [Hey, TM folks. [read post]
43(B)log - http://tushnet.blogspot.com/
Trademark overprotection panel, Suffolk
30 Oct 2019, 1:05 pm by Rebecca Tushnet
Sportswear Inc. [read post]
43(B)log - http://tushnet.blogspot.com/
Bad definition of suggestiveness in a sad TM case about anti-hate groups
4 Oct 2019, 6:14 am by Rebecca Tushnet
Life After Hate, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
District court makes up a new, worse test for TM claims against noncommercial speech
26 Aug 2019, 9:22 am by Rebecca Tushnet
“Stouffer is claiming a set of aesthetic choices with no obvious source-identifying role. [read post]
43(B)log - http://tushnet.blogspot.com/
PTAB Precedent: Infringement Claim Filed before Patentee Owned the Patent Still Triggers 315(b) Timeline
26 Aug 2019, 9:17 am by Dennis Crouch
Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
Weight Watchers competitor wins dismissal of TM claims over "millennials are calling [it] Weight Watchers 2.0" ad
23 Aug 2019, 10:55 am by Rebecca Tushnet
Weight Watchers Int’l, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Bankrupt(cy) Logic: TERI got paid for providing a private student loan guaranty, ergo TERI "funded" the loan program
15 Aug 2019, 11:24 pm by MOTP
However, Greer-Allen has not produced any evidence in furtherance of that claim. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
SportFuel is running on empty after losing appeal: US 7th Circuit Court affirms that Gatorade's slogan, "Gatorade The Sports Fuel Company" is fair use.
11 Aug 2019, 6:41 am
PepsiCo, Inc. [read post]
IPKat - http://ipkitten.blogspot.com/
7th Cir: descriptive component of distinctive slogan can be descriptive fair use
8 Aug 2019, 9:26 am by Rebecca Tushnet
SportFuel, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Precedential No. 18: TTAB Affirms Trifusal of SCOOP for Ice Cream: Mere Descriptiveness, Failure-to-Function, and Unacceptable Specimen
15 Jul 2019, 3:11 am
BTW: The TTABlogger claims trademark rights in the term "trifusal" for blogging services in the field of trademarks.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
She don't lie, but the pharmaco might: cocaine false advertising case continues
8 May 2019, 7:14 am by Rebecca Tushnet
Genus Lifesciences Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
survey isn't evidence of actual deception, court says in First Amendment case w/TM relevance
21 Mar 2019, 10:47 am by Rebecca Tushnet
” Joe Conte Toyota, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
False advertising & TM fail as workarounds to 230 for software blocking
14 Mar 2019, 12:09 pm by Rebecca Tushnet
Malwarebytes Inc., 2019 WL 1061739, No. 18-cv-05409-EJD (N.D. [read post]
43(B)log - http://tushnet.blogspot.com/
[Eugene Volokh] Can a Person Be Banned from Posting Anything About Someone Else, Because His Past Speech Supposedly Stems from a "Vendetta"?
28 Feb 2019, 5:42 am by Eugene Volokh
In TM v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
claim to bring original formula of another's brand back wasn't nominative fair use
25 Jan 2019, 1:38 pm by Rebecca Tushnet
Laclede, Inc., 2019 WL 293329, No. 18-CV-4945 (JMF) (S.D.N.Y. [read post]
43(B)log - http://tushnet.blogspot.com/
reality series "Love at First Flight" doesn't infringe previous web series of same name
17 Jan 2019, 12:49 pm by Rebecca Tushnet
Reflex Media, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts
26 Nov 2018, 10:20 am by Eric Goldman
Online search is one of the key methods by which consumers discover vendors and compare products and services. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
In which I appear as a sideshow (but ABC gets the right result on TM/(c) claim based on news report)
9 Nov 2018, 11:56 am by Rebecca Tushnet
ABC Inc., 17-CV-7375 (KNF), 2018 WL 5818101 (S.D.N.Y. [read post]
43(B)log - http://tushnet.blogspot.com/
A watered-down finding of TM infringement: prevailing party gets $0 and no injunction, court tells it to go home
8 Nov 2018, 10:57 am by Rebecca Tushnet
The jury could have reasonably concluded that Watermark intended to use the term J-Mate to fairly describe or compare its own products and services, rather than to confuse customers. [read post]
43(B)log - http://tushnet.blogspot.com/