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District court makes up a new, worse test for TM claims against noncommercial speech

26 Aug 2019, 9:22 am by Rebecca Tushnet

Stouffer v. [read post]

43(B)log - http://tushnet.blogspot.com/

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/

After Filing Statutory Disclaimer, Constitution Bars Court from Finding Claims Invalid

19 Aug 2019, 11:39 am by Dennis Crouch

., LLC v. [read post]

Patently-O - http://patentlyo.com/patent

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

The first loan states:I acknowledge that the requested loan is subject to the limitations on dischargeability in bankruptcy contained in Section 523(a)(8) of the United States Bankruptcy Code. [read post]

Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com

Preclusion at the USITC

14 Aug 2019, 8:43 am by Dennis Crouch

by Dennis Crouch Swagway v. [read post]

Patently-O - http://patentlyo.com/patent

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

Let's explore the 7th Circuit Court of Appeals decision in SportFuel, Inc. v. [read post]

IPKat - http://ipkitten.blogspot.com/

IPSC: Closing Plenary

9 Aug 2019, 2:31 pm by Rebecca Tushnet

TM law doesn’t favor disclaimers [but First Amendment law does].Said: actual v. constructive knowledge in Sasse proposal—wondering what the thinking is.A: probably not much thinking as yet. [read post]

43(B)log - http://tushnet.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/

Rogers still mostly works in 9th Circuit, despite Honey Badger's best efforts

9 Jul 2019, 12:57 pm by Rebecca Tushnet

Caiz v. [read post]

43(B)log - http://tushnet.blogspot.com/

Trademark case: Bodum USA Incorporated v. A Top New Casting Inc., USA

27 Jun 2019, 7:06 am by NewGen TM blog

Court of Appeals for the Seventh Circuit (Bodum USA Incorporated v. [read post]

KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/

A Celebration of the Work of Wendy Gordon, part 3

14 Jun 2019, 1:57 pm by Rebecca Tushnet

Indeed, kids do a lot of copying that isn’t even noticed as copying: trace the letters to learn how to write; instruction where we have students watch then do, which is to say copy, then teach, which is to say have others copy you; perhaps this can often be distinguished as processes v. outputs, but copying letters is copying outputs, not just tasks. [read post]

43(B)log - http://tushnet.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/

Legal Applications of Marketing Theory, part 3

3 May 2019, 1:43 pm by Rebecca Tushnet

Look at expected uses v. unexpected uses? [read post]

43(B)log - http://tushnet.blogspot.com/

Legal Applications of Marketing Theory, part 1

3 May 2019, 8:32 am by Rebecca Tushnet

., the TTAB saying that the University of Wisconsin can fail to police/“impliedly license” its marks for 70 years and then (re)claim its TM rights.Comment: but perhaps it’s just implausible that this creation of secondary meaning will really happen without the marketers picking up on it and talking about it internally so there will be documentation.Marketplace outcomes related to secondary meaning: Complement to surveys: media provide evidence of success or failure of… [read post]

43(B)log - http://tushnet.blogspot.com/

allegations of "use on a website" don't plausibly allege TM confusion

1 May 2019, 1:36 pm by Rebecca Tushnet

Blue Water Innovations, LLC v. [read post]

43(B)log - http://tushnet.blogspot.com/

Retromark Volume V: the last six months in trade marks

15 Apr 2019, 11:44 pm

Retromark Volume V: the last six months in trade marks1. [read post]

IPKat - http://ipkitten.blogspot.com/

Eleventh Trademark Scholars Roundtable: Defining Marks and Markets

12 Apr 2019, 1:43 pm by Rebecca Tushnet

YSL v. [read post]