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Dastar bars TM claim based on unlicensed copying of footage
24 Apr 2017, 7:53 am by Rebecca Tushnet
Fioranelli v. [read post]
43(B)log - http://tushnet.blogspot.com/
TM Scholars' roundtable part 3
24 Mar 2017, 9:00 am by Rebecca Tushnet
 Coach 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/
GW/Harvard conference: Infringement and Defenses
10 Mar 2017, 9:14 am by Rebecca Tushnet
  We should impose higher mental states for making food for an infringer/providing a platform that can be used for an infringer v. making a device that can only be used to perform steps of a method claim. [read post]
43(B)log - http://tushnet.blogspot.com/
Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1
10 Mar 2017, 7:35 am by Rebecca Tushnet
  That has real ramifications in what congress does, v. trade secret/TM b/c those rely on Commerce Clause. [read post]
43(B)log - http://tushnet.blogspot.com/
Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office
24 Feb 2017, 12:04 pm by Rebecca Tushnet
  The most striking example of apparently mistaken incontestability comes from B&B v. [read post]
43(B)log - http://tushnet.blogspot.com/
University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
15 Feb 2017, 8:16 am by Eric Goldman
Case citation: Gerlich v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
This is not NORML: court of appeals finds ISU violated First Amendment with TM licensing program
14 Feb 2017, 8:49 am by Rebecca Tushnet
Gerlich v. [read post]
43(B)log - http://tushnet.blogspot.com/
WIPIP, part 2
10 Feb 2017, 12:07 pm by Rebecca Tushnet
In the 9thCircuit, the IP exemption means federal IP; other circuits, and even California state law, include state based IP claims.Dogan: Need to argue on two levels: if yo [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
"I BELIEVE THAT WE WILL WIN" Fails to Function as a TM for Clothing, Says TTAB
31 Jan 2017, 6:04 am
" United States Soccer Federation, Inc. v. [read post]
The TTABlog - http://thettablog.blogspot.com/
Placebo effect means customer satisfaction doesn't disprove harm; suggestive TM can be fact claim
30 Jan 2017, 5:59 am by Rebecca Tushnet
 Federal Trade Commission v. [read post]
43(B)log - http://tushnet.blogspot.com/
Identifying Boundaries in Patent and Trademark Law.
27 Jan 2017, 12:04 pm by Rebecca Tushnet
  One thing people are realizing is that TM is messy. [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
Not Taking a Break - EU General Court Sends Kit Kat TM for Reconsideration at EUIPO
13 Jan 2017, 4:44 am by Jani Ihalainen
Evidence provided needs to be quantitively sufficient to prove distinctive character in the Member States concerned. [read post]
IP Iustitia - http://www.ipiustitia.com
10th Annual Evil Twin Debate,"Free Speech or Free to Reject?: Trademark Registration & the First Amendment”
9 Jan 2017, 7:54 am by Rebecca Tushnet
  As the Supreme Court has previously said, viewpoint discrimination is when the state is “attempting to give one group an advantage over another in the marketplace of ideas,” and that’s just not what the disparagement bar is. [read post]
43(B)log - http://tushnet.blogspot.com/
Lexmark harm requirement reopens gap between registered and unregistered TM infringement
3 Jan 2017, 7:44 am by Rebecca Tushnet
UHS of Delaware, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Computer and Internet Weekly Updates for 2016-12-24
25 Dec 2016, 5:00 am by Barry Sookman
Owners of Prince's copyrights sue Roc Nation, owned by Jay Z https://t.co/mW2lL4KYxI -> Not Gone with the Wind: IP Rights Despite Public Domain Images https://t.co/KlylRPGpL7 -> Record Label Urges Supreme Court To Hear Appeal Over 'Golden Oldies' https://t.co/c7GfyGTr0s -> YouTube bans North Korea's state-owned TV channel https://t.co/gsCrWGwXq0 -> Leaked Draft of ePrivacy Regulation Published https://t.co/VGgnOi7dO6 -> PRS led investigation results in… [read post]
Copyright, Intellectual Property, Computer, Internet, e-Commerce Law - http://www.barrysookman.com
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/
Saving people, suing things: TM lawsuit over -hunter suffix continues
2 Dec 2016, 8:20 am by Rebecca Tushnet
Kenyon v. [read post]
43(B)log - http://tushnet.blogspot.com/