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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/
"use in a TM way" just creates another fact issue in the 6th circuit
4 Oct 2019, 6:09 am by Rebecca Tushnet
InterMotive, Inc., No. 17-CV-11584-TGB, 2019 WL 4746811 (E.D. [read post]
43(B)log - http://tushnet.blogspot.com/
TTAB Affirms Two More Failure-to-Function Refusals
20 Sep 2019, 4:13 am
In re Scherr’s Cabinets & Doors, Inc., Serial No. 87685028 (September 18, 2019) [not precedential] (Opinion by Judge Thomas Shaw). [read post]
The TTABlog - http://thettablog.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 alleged that America the Wild “replicat[es] the most minute details of Wild America in its production,” as shown by “virtually indistinguishable” titles; “several episodes” of both series in which the host interacts with a grizzly bear that he raised from a cub (in the following still shots, Marty Stouffer/Wild America is on the left and Casey Anderson/America the Wild is on the right) [“interacts” is a word unambiguously signalling… [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/
After Filing Statutory Disclaimer, Constitution Bars Court from Finding Claims Invalid
19 Aug 2019, 11:39 am by Dennis Crouch
Nike, Inc., 568 U.S. 85 (2013). [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
Massachusetts July 29, 2019The Education Resources Institute, Inc. [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/
Belt & Road Guiding Cases; Regulating AI; AI and Courts; Judicial Mediation | “一带一路”指导性案例；监管人工智能；人工智能与法院；司法调解
2 Apr 2019, 3:00 pm by The CGCP Team
China Law Connect (Issue 4) cover and The Tidings of Spring |《中国法律连接》（第4期）封面与《春讯》This newsletter covers: Six Belt & Road Guiding Cases and AmCham Talk The CGCP’s Global Impact China Law Connect (Issue 4): Judicial Mediation, Regulating AI, and AI and Courts A Grant from the William and Flora Hewlett Foundation & How to Purchase China Law… [read post]
China Guiding Cases Project Blog - https://cgc.law.stanford.edu/
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/
Cancelling a TM License via Bankruptcy
21 Feb 2019, 8:07 am by Dennis Crouch
In Sunbeam Products, Inc. v. [read post]
Patently-O - http://patentlyo.com/patent
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/
Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts
26 Nov 2018, 10:20 am by Eric Goldman
Personally, I think the majority opinion is well-constructed for an appeal. [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
It sold replacement parts for J-Mate dryers, as well as refurbished J-Mate dryers. [read post]
43(B)log - http://tushnet.blogspot.com/
Amazon not liable for use of TM in review
4 Oct 2018, 10:43 am by Rebecca Tushnet
Amazon.com, Inc., 2018 WL 4680018, No. 16-CV-01486-JAH-JLB (S.D. [read post]
43(B)log - http://tushnet.blogspot.com/
Blast from the past: nominative fair use avant la lettre
27 Sep 2018, 1:42 pm by Rebecca Tushnet
Welles case). [read post]
43(B)log - http://tushnet.blogspot.com/
No need to be chicken about copying in poultry feeder case
27 Aug 2018, 12:10 pm by Rebecca Tushnet
CTB, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/