Amicus Brief filed in Vans v. MSCHF
Ron ColemanThis is an important trademarks / free speech case. I got in on an edge of it!
Ohio State v. Redbubble – Strategy scores in overtime
So it seems that was a tactical call by the OSU team, otherwise known as the Attorney General of the State of Ohio: Let's make the strong case for direct…
Lucky Brand decision: Dale Cendali makes her own luck
Yet another Supreme Court trademark decision yesterday, May 14, 2020: Lucky Brand Dungarees, Inc. v. Marcel Fashions Grp., Inc., No. 18-1086 (S. Ct. May 14, 2020). Supreme Court Rules That…
Trademarks: Famous is as famous does
My latest paper offers a simple idea to get trademark owners to stop suing parodists, satirists, and other expressive users: make evidence of such independent referential uses of a mark…
Please plead me
Everyone knows about copyright preemption. How about trademarks? Pamela Chestak has a great post that explains why yes one, and no the other. First, a refresher on preemption in copyright.…
Best of 2009: Keeping it real — the ultimate use in commerce
This was first posted on May 7, 2009. The TTABlog® reports, again, on the fraud issue, but that’s not what interests me here so much this time. Rather, it’s the…
Best of 2008: Tackiness not grounds for refusal to register
Otherwise, why would John Welch be reporting this appeal?: December 4, 2008 – 10 AM: In re Chippendales USA, LLC, Serial No. 78666598
Best of 2007: That’s a wrap
Published on April 16, 2007. Forget about the IP rights in those MTA symbols — you can probably use them however you want, now. (Remember to read my disclaimer on…
The not so bright line
The preamble of the Lanham Act Section 2 is followed by six lower-case–lettered sections, the fifth of which contains four separately numbered “grounds” on which it is permissible to refuse…
Best of 2012: Fees, won’t you stay
Originally posted March 30, 2012. The Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. Ly USA, Inc. (08-4483-cv(L)) sure to bring joy to…
Search for resolution
It’s two posts in one (I like to pull that off when I can), not even counting this one: Mike Masnick on Eric Goldman on the settlement of the Google…
Fees, won’t you stay
The Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. Ly USA, Inc. (08-4483-cv(L)) sure to bring joy to the hearts of trademark counterfeiting…
Louis Louis
Steve Baird makes some great points about the Louis Vuittion / student activities flier kerfuffle: There has been quite a flap surrounding the poster and invitation used by the University…
Not my money
Last June, blogging about my presentation to the Copyright Society on the Righthaven litigation, I wrote the following: This brings us to the issue of mass enforcement a la RIAA…