43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 137

Trademark False Advertising Advertising Advertising 137

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. I don’t think that’s true either. 3) Functionality.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

IP 124

IP Copyright Trademark Intellectual Property 124