Search for: "People in Interest of TM"
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26 Sep 2015, 1:21 pm
One way: narrow TM liability w/r/t sponsorship/affiliation confusion; post-sale and initial interest confusion. [read post]
20 May 2016, 8:40 am
McGeveran: lumping TM and advertising together is itself a very interesting and meaningful choice. [read post]
17 Feb 2007, 11:29 am
Tarnishment is not content-neutral, since the purpose is to allow the TM owner to prevent criticism and control how people feel about the mark (ultimately, this is also true of blurring, which can also dull the golden glow of a strong mark). [read post]
16 Feb 2024, 12:13 pm
Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked. [read post]
20 Nov 2015, 10:03 am
Gordon: TM law is a form of speech regulation with a property label, which makes it hard to call for recognition of the P’s interest. [read post]
12 Apr 2019, 2:50 pm
TM law says that if people think both would produce, then they’re in the same market. [read post]
14 Nov 2016, 6:51 am
Heavily criticized by TM offices, but it is beginning to ask the right questions about whether it makes sense to extend a mark to 500 million people and 23 languages when use is limited. [read post]
24 Feb 2023, 4:39 pm
Or more flexibility for new tech and interests as they arise? [read post]
11 Aug 2022, 5:49 pm
TM can both limit and validate TM rights. [read post]
4 Jun 2011, 11:12 am
American Eagle—turns out people were buying the clothes because of the way the clothes looked, not because of the A&F TM. [read post]
17 Mar 2010, 2:09 am
What happens to those people who are selling 1 finger or 2 bar variations on a theme? [read post]
20 May 2016, 12:25 pm
[Cue my head spinning around] McGeveran: invaded interest in SVA is totally diffuse and generalized, aggregate v. individual, as opposed to the person whose TM interest looks like it’s been invaded [though as McG would agree, I think, it’s the law that has decided that there’s been a harm rather than the TM owner having to show a harm]. [read post]
22 Feb 2013, 7:07 am
The unconfused: also very interesting. [read post]
8 Dec 2014, 5:52 am
., where people have used the terms ‘pepperball,’ ‘pepper ball,’ and ‘pepper-ball’ amongst other things to refer to irritant filled projectiles. [read post]
30 Oct 2019, 1:05 pm
This is bad for people who don’t have much money: it means they are less able to assert valid claims and less able to defend against invalid claims. [read post]
12 Dec 2006, 7:08 am
Understanding consumer interest as an interest in low prices makes it kind of hard to understand TM at all.You can reconcile all this with consumer interests: It's really all about identity politics. [read post]
19 Feb 2021, 2:30 pm
Barton Beebe: There’s no interest at all in increasing use requirements/shrinking use to 3 years by major EU lawyers b/c they tend to represent the big brands. [read post]
27 Jan 2017, 12:04 pm
One thing people are realizing is that TM is messy. [read post]
2 Mar 2020, 10:14 am
’s work about how it’s the surprise that causes people to hesitate—there’s no connection w/ a particular brand, so the response that we see when people confront supposedly diluting marks is not the brand-specific mechanism that we thought that it was.Many claims made in the reading were (perhaps unsurprisingly) persuasive to me, but striking how little empirical basis there is for so many of them: For example, The Constructive Role of Confusion in Trademark,… [read post]
11 Feb 2011, 12:01 pm
If the interest is really reputational, then it shouldn’t be pled as copyright or right of publicity, but only defamation/TM—those are the causes of action that incorporate audience interest. [read post]
