TM

Jim Gibson: Safe harbors sometimes drag people into them who might otherwise be more aggressive, but compared to the alternative in TM it might be a good idea.

IPSC: Trademark Rebecca Tushnet 2009

FIFA decided this was ambush marketing, trading on the goodwill of the team without authorization — the beer company needed to stop, and the fans were engaged in TM infringement for representing affiliation with FIFA.

IPSC: Trademark Rebecca Tushnet 2009

Q from Ponte: Consider post-sale confusion in TM law.

Archive 2009-02-01 Rebecca Tushnet 2009

Alleged uncanny similarities between Starbucks 'new "local" brand extension, 15th Street Coffee & Tea, have gotten some play in TM-land.

Archive 2009-07-01 Rebecca Tushnet 2009

But does the law really think the only legally relevant function of TM is to indicate source?

Archive 2009-03-01 Rebecca Tushnet 2009

Alleged uncanny similarities between Starbucks 'new "local" brand extension, 15th Street Coffee & Tea, have gotten some play in TM-land.

Inspired brand extension? Rebecca Tushnet 2009

TM is now proposing further service cuts even though the payroll tax rate has been icnreased twice since 2003 and total agency revenue has gone up 60% since 2004.

All aboard for the strip malls (Jack Bog's Blog) 2009

TM is now losing almost $500,000 per month operating WES, after spending some $173 million on construction.

All aboard for the strip malls (Jack Bog's Blog) 2009

But even when search costs are zero, a TM is still valuable because it reduces consumer uncertainty about product qualities.

Archive 2009-03-01 Rebecca Tushnet 2009

Consider how the various rationales intersect with other doctrines, such as genericity in TM: sex. com is generic, but there are still things that one can do with sex. com that will trigger liability to other people based on the domain name.

Archive 2009-10-01 Rebecca Tushnet 2009