Wednesday, July 06, 2022

how detailed must pleading be to link falsity with lost sales?

›
Becton, Dickinson & Co. v. Medline Indus., Inc., 2022 WL 2383722, No. 21-12929 (D.N.J. Apr. 28, 2022) BD and its subsidiary (BD) sell ...
Friday, July 01, 2022

maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

›
At least there's something that doesn't? 3M Co. v. Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D. Ind. J...
Thursday, June 30, 2022

court presumes injury from comparative false advertising for injunctive relief, not monetary

›
Universal Life Church Monastery Storehouse v. American Marriage Ministries, 2022 WL 2317439, No. C19-0301RAJ (W.D. Wash. Jun. 28, 2022) Th...

Coca-Cola blues: Will more courts scrutinize "reputation" theories of harm as part of the standing inquiry?

›
Meenaxi Enterprise, Inc. v. Coca-Cola Company, --- F.4th ----, No. 2021-2209, 2022 WL 2335343 (Fed. Cir. Jun. 29, 2022) Many things going ...
Saturday, June 25, 2022

Trademark Scholars’ Roundtable Session 3: Abandonment of Trademark Rights

›
Introduction:   Robert Burrell Australia/NZ is probably unusual b/c abandonment plays 3 distinct roles: (1) not a purely rhetorical device...
Friday, June 24, 2022

TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law

›
Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? For example, embedded within analysis of likely confusio...

TM Scholars' Roundable: Session 1: The Relevance of Ornamentality in Trademark Law: Acquisition of Rights

›
Intro, Graeme Dinwoodie Ornamentality is undertheorized. Relationship to use as a trademark; symmetry b/t types of use that might allow ac...