43(B)log

SEPTEMBER 8, 2021

Sulzer Mixpac AG v. A&N Trading Co., The colors signify diameter and enable users to match a cartridge to the appropriate mixing tip. Mixpac’s advertising materials assert that “[i]n order to simplify handling MIXPAC is using color-coded mixers and outlet caps. 2004), or the colors of pills in Inwood v.

Advertising 75

Advertising Advertising Marketing Marketing 75

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 6, 2021

United Services Automobile Association v. Gravel Rating Systems LLC v. Stingray IP Solutions, LLC v. Signify NV f/k/a Philips Lighting NV , 2-21-cv-00044 (Oct. The court noted that “[n]o party is permitted to unilaterally invoke Rule 4(f)(2)(C)(ii) to serve foreign entities.” CloudofChange, LLC v.

Litigation 52

Litigation Patent Invention IP 52

43(B)log

FEBRUARY 21, 2022

Thornton v. Thornton’s belief that the shield signified US origin “is not unreasonable in light of the USDA and AMS’ statements that the grading shields are ‘symbols of high-quality American beef’ and which provide a ‘vital link to support rural America.’” 2022 WL 488932, No. CIV 20-1040 JB/JFR (D.N.M. 17, 2022) 269 print pages!

Advertising 59

Advertising Advertising False Advertising Government 59

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. Janis & Dinwoodie were not fans of symmetry in P v. Registration v. Hard to think coherently about TM status without thinking about registration v. External signifiers of other IP protection?

Trademark Law 75

Trademark Law Law Trademark Registration 75

LexBlog IP

SEPTEMBER 29, 2022

Every sound trademark seems not only to signify something but to raise a question or two as well. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ’” (quoting In re General Electric Broadcasting Company, Inc., Duck Boat Tours, Inc.

Trademark 52

Trademark Registration Music Intellectual Property 52

43(B)log

JUNE 24, 2022

In TM often done with validity v. A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value). Discussant: Barton Beebe Adidas v. Fromer: Conclusive v. Don’t intend to signify source? Fitness World: Adidas even lost a case here on stripes!

Trademark Law 56

Trademark Law Law Trademark Fair Use 56