Conference on IP Enforcement at Trade Shows, UNLV, October 4, 2018 (Guest Blog Post)

Conference on IP Enforcement at Trade Shows, UNLV, October 4, 2018 (Guest Blog Post)

by guest blogger Marketa Trimble The practice of IP law fascinates IP law enthusiasts, and it can be stimulating for others as well. The practice has even been considered exciting enough for IP lawyers to be portrayed in a sophisticated beer…

2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads

[As you can tell, my ability to prepare these Quick Links posts has degraded substantially…better late than never?] Copyright * The Executive Corp. v. Oisoon, LLC, 2017 WL 4310113 (M.D. Tenn. Sept. 28, 2017). A default judgment: “A section 1202(b)(1)…

Maternity Clothing Trademark Dispute Has Dubious Support--Blanqi v. Bao Bei (Guest Blog Post)

Maternity Clothing Trademark Dispute Has Dubious Support–Blanqi v. Bao Bei (Guest Blog Post)

by guest blogger Alexandra J. Roberts This one’s for the ladiesss (all the pregnant ladies, all the pregnant ladies)! Plaintiff Blanqi makes high-end shapewear and maternity products. It has a pending application to register SPORTSUPPORT as a trademark for lingerie…

Top Internet Law Developments of 2017 (Very Late)

Top Internet Law Developments of 2017 (Very Late)

[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…

Copyright Office Won't Register 'Middle-Finger Pictogram' As Literary Work--Ashton v. Copyright Office

Copyright Office Won’t Register ‘Middle-Finger Pictogram’ As Literary Work–Ashton v. Copyright Office

Ashton created a coffee mug displaying the words “People Pleaser in Recovery” on the outside, the word “Refill” on the inside bottom, and a single-fingered salute on the outside bottom: Ashton applied for copyright registrations for 2D artwork and a…

Brief Roundup of Three Keyword Advertising Lawsuit Developments

Brief Roundup of Three Keyword Advertising Lawsuit Developments

1) Xymogen, Inc. v. Digitalev, LLC, 2018 WL 659723 (M.D. Fla. Feb. 1, 2018). This appears to be a typical competitive keyword advertising case, with the twist that the plaintiff also alleges counterfeiting. The defendant moved to dismiss. First, the court finds jurisdiction…

Online Marketplace Not Enjoined Over Gray Market Goods Sales–Dentsply v. Net32

Dentsply Sirona is a dental supply company. They use a chain of distributors and engage in international price discrimination (i.e., goods in the US market are priced higher than in international markets). Net32 runs an e-commerce site for dental supplies that relies…

Interesting Tidbits From FTC's Antitrust Win Against 1-800 Contacts' Keyword Ad Restrictions

Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions

Over the course of about a decade starting in 2004, 1-800 Contacts entered into over a dozen settlement agreements with competitors, most of which mutually restricted both parties from buying keyword ads triggered to their competitor’s trademarks and sometimes requiring…

Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items--In-N-Out v. Smashburger (Guest Blog Post)

Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Smashburger (Guest Blog Post)

by guest blogger Alexandra Jane Roberts Last week, California-based burger chain In-N-Out sued Denver-based Smashburger, alleging infringement and dilution of trademarks including DOUBLE-DOUBLE and TRIPLE TRIPLE (for, among other things, “hamburger sandwiches and cheeseburger sandwiches”). Smashburger recently applied to register…

White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia

Are we really litigating trademark references in white-on-white text in 2017??? Yes, we are, and yes, the whole case is a throwback to the mid-2000s (e.g., the 2008 Venture Tape case)–with effects that would be comical if they weren’t so…