Quick Links from the Past Year, Part 3 (Trademarks)
…similar to the senior user’s mark.” Plaintiffs neither plead facts nor even argue that any consumers ever were drawn to Jscout’s products because of its use of any mark. Again,…
Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)
…exactly Viacom’s KRUSTY KRAB trademark is a trademark for. In comparing the services offered in connection with each mark, the court asserts that “both marks identify restaurants: one, a fictional…
Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon
…pocket squares or handkerchiefs, of which there are allegedly over 200 product listings. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court…
26 Trademark Academics Oppose the SHOP SAFE Act
…trademark owners, online marketplace operators, online marketplace vendors, and consumers. The SHOP SAFE Act would overturn the existing rule in two critical ways. First, it would empower trademark owners to…
Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)
…intent-to-use application to register the phrase “Trump Too Small” as a mark for T-shirts because this proposed mark “invokes a memorable exchange between [former] President Trump and Senator Marco Rubio…
There Is No Bottom When It Comes to Section 230 Reform Proposals (Comments on the Justice Against Malicious Algorithms Act)
…230, it’s digging its own grave (and the grave of all UGC generally…). This bill obviously targets Facebook and Instagram, but unsurprisingly it overshoots its mark. For example, even if…
The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces
…the bill doesn’t require trademark owners to send takedown notices in the first place. Trademark owners can sue online marketplaces for contributory trademark infringement without ever sending a takedown notice….
Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy
…Internet Law exams on. The defendant is a competitor, Luxy. The court summarizes the alleged trademark problems: Defendant used the phrase “Online Arrangement” and Plaintiffs’ trademark “Seeking Millionaire” as metatags…
Satirical Depiction in YouTube Video Gets Rough Treatment in Court
…tools. Trademark Dilution. The Crony graphic doesn’t qualify for the “parody” exclusion to trademark dilution. In a footnote, the court adds that the graphic doesn’t qualify for trademark fair use…
Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon
…mark to yoga apparel, which has generated $1B in sales. Aliign sued lululemon for trademark infringement. lululemon sought summary judgment. I’ll concentrate on the initial interest confusion claim. The court…