2024-03-23 22:47
I wrote last year about Hollywood’s getting its collective nose out of joint over CleanFlicks, a service that shaves the titillating edges of popular culture so that parents and childr… Read More
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Waiting in line for my choc shake . Thanks @cantabip for organizing: #INTA16 Tweetup official group photo. pic.twitter.com/IgMYNy0YGE — Kenneth L. Kunkle
2024-03-12 20:49
Usually, as the bible of secondary trademark infringement explains, “contributory infringement . . . requires proof of direct infringement by a third party . . . It is not necess… Read More
2024-03-08 21:04
David Donoghue reports on an interesting copyright issue blowing around Chicago, my home away from home: The Chicago Tribune‘s Ameet Sachdev reported that an ongoing copyright dispute… Read More
2024-03-07 20:54
I posted the en banc Federal Circuit brief of Simon Tam for the Slants, and those of the amici curiae in his support shortly after they were filed. Well, of course there’s another side… Read More
2024-03-03 20:20
It’s not usually a great idea to use your personal email account for business purposes. Sometimes you’re stuck — you can’t get access to your work account, or that ac… Read More
2024-02-29 19:45
Posted on September 7, 2008. Well, maybe we’ve been too hard on the Democrats here at LIKELIHOOD OF CONFUSION®. Perhaps unlike the GOP, they’ve got good, progressive IP… Read More
2024-02-28 19:24
Trademark law continues to slip from its moorings in subtle ways. From Inside Higher Ed (hat tip to its editor, Doug Lederman, for sending it along): On Wednesday, the U.S. Court of Ap… Read More
2024-02-27 19:21
Tomorrow I will be on a panel called “Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American Univ… Read More
2024-02-26 19:02
[stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. v. Moniker Online Services, 672 F.Supp.2d 1353 (S.D. Fla. 2009), which stands for the pr… Read More
2024-02-23 18:35
Here’s a good excerpt from a new book by copyright doyenne Nancy Wolff called The Professional Photographer’s Legal Handbook. It’s on a favorite topic of mine, namely intel… Read More
2024-02-22 18:23
Leafy, green and non-infringing. Real judicial fiber here — cleans the whole system out, right down the line. Via @EricGoldman, by way of TechDirt. UPDATE: More detail. But… Read More
2024-02-18 17:39
A twelve-judge panel of the Federal Circuit has dealt the concept of business-process patents what appears to be a significant blow in In re Bilski, a case decided yesterday: “We hold… Read More
2024-02-15 16:38
Last year there was much Strum und Drang here about INTA — sorry, I mean The I-N-T-A!, which stands for International Trademark Association! now there’s some INTA branding wisdom… Read More
2024-02-14 16:15
The Copyright Clearance Center's Beyond the Book feature just uploaded a podcast featuring Bill Patry, Senior Copyright Counsel at Google, copyright treatiste and, of course, on-again blogge… Read More
2024-02-02 14:09
By now you’ve heard that Muhammed Ali has sold the rights to exploit his once-platinum name and fame for $50 million. It’s a little late in the game for The Greatest, I suppose… Read More
2024-02-01 14:02
My friend Mark Herrmann recently informed me about his Drug and Device Law blog. His co-blogger is Jim Beck. Mark is the author, as we have noted in the past, of The Curmudgeon&r&hell…Read More
2024-01-26 12:51
Forget about that dull, boring stuff about the negotiations between the Federal Trademark Commission and Intel Corporation’s so-called anticompetitive practices. It’s dog e… Read More
2024-01-24 12:28
Markenbusiness News reports: Skyscrapers can not only be landmarks, they can also be trademarks as well. That has now been made clear by the owners of the 508 meter high, 101 storey “T… Read More
2024-01-11 09:55
Go figure. Unlike G. Matthew Lombard I did see fit to address this story, however little, before; and now, unlike me, Matthew’s giving it some serious attention. His post is...
T… Read More
2024-01-07 09:13
We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest confusio… Read More
2024-01-06 08:44
I don’t watch a lot of TV — don’t even have one, actually. And I only raise the topic because that is my excuse for missing this epochal commercial riffing...
The pos… Read More
2024-01-05 08:17
The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry in the court’s el… Read More
2024-01-04 08:03
MacUser reports: The boss of Warner Music has made a rare public confession that the music industry has to take some of the blame for the rise of p2p file...
The post Bronfman looks all over… Read More
2024-01-03 07:52
If trademark / Internet cases are not at the top of things to stay on top of in late December, you may have missed this potentially important decision giving Google...
The post Google me thi… Read More
2023-12-31 07:19
BBspot finds the Rosetta Stone of the RIAA’s litigation strategy. This “explains” a lot. Hat tip to Boing Boing. Originally posted 2012-07-23 14:01:33. Republished by… Read More
2023-12-30 07:04
In case you get all your news here — well, more specifically, since we have dealt with this issue — the news today is that a Update settlement has been...
The post Settlement rea… Read More
2023-12-29 06:46
Some summer! If it’s not broiling it’s flooding. Just try a vacation in this nonsense. Speaking of nonsense, here’s topical tweeting that went out via @roncolem… Read More
2023-12-29 06:46
Yes, we’ve added Google ads (o’er on the right side). We generate a decent amount of traffic here, especially off searches relating to trademark law, and especially one very spec… Read More
2023-12-23 05:26
Free (and apolitical) IP advice for bloggers over at Right Wing News. Originally posted 2010-07-29 22:57:01. Republished by Blog Post Promoter
The post And worth every penny! appeared first… Read More
2023-12-22 05:19
Here are some topical highlights of the wisdom I have distributed in the last month or so to the madding crowd following me down my street via Twitter @roncoleman: @ericgoldman:...
The post… Read More
2023-12-21 04:58
The Business Review (Albany) reports (reg. required) on what could be a very important decision relating to the importation of grey goods: The U.S. Court of Appeals for the Federal...
The po… Read More
2023-12-20 04:50
Michael Young: It is not often a case hits upon two of our favorite topics: Trade secrets and pie. But when it does, mmmmmmmm, it’s good to be an attorney....
The post Pie in the sky a… Read More
2023-12-15 03:56
Care for curry in your copyright? Take tatri in your trademark? Then you might just love this group blog, Spicy IP, on intellectual property developments in India. Start out with...
Th… Read More
2023-12-11 02:46
John Welch reports on a case involving the would-be registration for IRESTMYCASE.COM, an attorney’s website, wherein the TTAB reminds us that a URL (website address) alone does not con… Read More
2023-12-07 02:14
Zorro first appeared in 1919. Naturally, Sony claims it owns him. (Is this a Sony company?) A little filmmaking outfit called Sobini begs to differ and is asking a judge...
The post The Dead… Read More
2023-12-06 16:51
The post New video series: Law Learnin’ Wednesdays appeared first on LIKELIHOOD OF CONFUSION™ Read More
2023-11-28 00:57
Nice event last night at “Meet the Bloggers VII” otherwise not in the least bit known as the “IP Law BlogFestivus.” You may want to check out the resultant… Read More
2023-11-27 00:38
Lee Gesmer reported last month on a pretty important decision in copyright law: A First Circuit ruling applying the Visual Rights Act, which–well, Lee says it very well himself… Read More
2023-11-26 00:19
Evan Brown reports on a failed attempt to utilize the affirmative defense of “copyright misuse” as an independent cause of action. Originally posted 2011-12-05 10:40:51. Republis… Read More
2023-11-25 00:17
“Google makes money not by reason of the nature of the keyword, but by someone clicking on the keyword,” Google lawyer Alexandra Neri told a 15-judge panel of the European...
The… Read More
2023-11-24 17:07
Here’s the story: No. Whatever that is, “From the River to the Sea” is not a trademark. I explained in this video: John Welch has a recent post of significant...
The post T… Read More
2023-11-20 23:36
It’s a blog, and naturally we’re flattered to be linked. But boy, isn’t this a fairly scary prospect — IP law broken out by circuit? Come on, this supposed to...
The… Read More
2023-11-18 23:21
I moan constantly about Congress’s refusal to do its job and make policy decisions about trademark and copyright via legislation that reflect the technological and economic realities o… Read More
2023-11-04 19:32
Here’s a very good article by Arnold & Porter’s Randy Miller, strictly for trademark lawyers and those who encamp around them, on the Advertising Compliance website run… Read More
2023-11-02 18:58
Traverse Legal: Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright takedowns under the Digital Millennium Copyright Act.&nb&hell…Read More
2023-11-01 18:41
Orwell Estate Sends Copyright Takedown Over the Number “1984” – TorrentFreak https://t.co/eKgwHmhXmf — TrademarkBlog (@TrademarkBlog) October 27, 2015 It’s like… Read More
2023-10-28 18:16
Posted on April 17, 2006. The Legal Times reports: The Supreme Court on Wednesday adopted a historic rule change that will allow lawyers to cite so-called unpublished opinions in feder… Read More
2023-10-27 18:08
Crack broadcasting consultant John Catlett, who sits with me on the advisory board of WPRB in Princeton and like me is an alumnus of the station (and who unlike me...
The post New reporting… Read More
2023-10-24 17:35
China, faced with loss of revenues from the sale of “unauthorized” Olympics merchandise in connection with its “Berlin for the 21st Century” games, has suddenly devel… Read More
2023-10-23 17:15
In July of 2011 I wrote about the case of Aron Swartz, arrested at the time for stealing more than 4 million articles from JSTOR, an online archive and journal...
The post The making of a ma… Read More
2023-10-16 15:38
My friends Oliver Herzfeld and Richard Bergovoy have just published “Trade mark licensing made easy” in the current issue of Managing Intellectual Property. (Don’t email me… Read More
2023-10-14 15:15
Ruling Imagination: (): I may be a minority, but I find it odd to think a literary character, rather than the work he appears in, can be copyrighted. Nonetheless, the judge...
The post… Read More
2023-10-08 13:32
Just got this news over Twitter: Ed is dead. From Scott: We met a few times in real life, but I heard from him often in emails. It was either...
The post The death of Blawg Review appe… Read More
2023-10-07 13:22
Okay, so that dates me a tad. Well, does Pepsi tell Coke — that Coke employees are trying to sell Coca-Cola secrets to them? Of course they do: Three people...
The post Does Macy&rsquo&hell…Read More
2023-10-06 13:09
This Google stuff has just gotten so tiring, so all over the place, that I’ve given up on keeping track of it. The piece with giving in to China’s repression...
The post Do you m… Read More
2023-10-01 12:19
The 2007 Weblog Awards voting is over, and LIKELIHOOD OF CONFUSION®, I am proud to say, is still listed among the finalists! Congratulations to David Lat and friends of Above...
The post… Read More
2023-09-21 10:31
Legal Times reports: The Supreme Court on Wednesday adopted a historic rule change that will allow lawyers to cite so-called unpublished opinions in federal courts starting next year. The ne… Read More
2023-09-17 09:59
At the Volokh Conspiracy there’s a good discussion on the lawsuit you read about over at Marty’s. It seeks, as you recall, to oust Margaret J.A. Peterlin from her position...
The… Read More
2023-09-06 08:04
Evan Brown reports on a case that suggest that yes, there is. Good thing, too, considering the damage one case and one determined judge can do … Originally posted 2012-10-31...
The po… Read More
2023-08-28 06:35
Above The Law has a place in its heart for the losers among the winners: Our Second Favorite Blog Of The Year After ATL survey, sponsored by ATL and Lateral...
The post Crush on me appeared… Read More
2023-08-22 05:26
Reuters: Animated footage promoting the logo for the 2012 London Olympic Gameswas removed from the organizers’ Web site on Tuesday amid concern it could trigger epileptic fits. . . … Read More
2023-08-21 05:23
A website called Redwebz (“red”? that sounds kind of stereotypey, doesn’t it?) (link fixed!) writes that the “anti-mascot movement made headway in 2006,” and do… Read More
2023-08-10 03:07
Says Ed: Some ponder, “Are law blogs dying?” Others follow Blawg Review and know they’re not. Or at least that the answer is … negotiable. Hardly surprising, s… Read More
2023-08-08 02:58
The whole world is a nail. Now Marty Schwimmer isn’t a hammer, because he does trademarks and not patents, see. So this post connecting Michael Jackson and intellectual property… Read More
2023-08-01 01:41
The Powerline blog, appropriately, undertakes the definitive (if only preliminary) deconstruction and rebuttal of journalistic fraud Mary Mapes’s new revisionist history on the topic o… Read More
2023-07-30 01:25
Rebecca Tushnet: Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that “Kodak soap” was… Read More
2023-07-28 01:07
The approved and publishable amicus briefs in the appeal regarding the trademark registration of THE SLANTS are trickling in. Certainly interesting to see who is saying what. So far, t… Read More
2023-07-24 00:45
What else is there to say? Of course you’re invited! Originally posted 2013-04-23 20:57:49. Republished by Blog Post Promoter
The post Meet the Bloggers – INTA, Dallas, 2013! app… Read More
2023-07-17 23:54
Let’s get apolitically political here (via Instapundit, Mr. Diversity himself): An informal national coalition of Internet pioneers and users with widely divergent political views will… Read More
2023-07-15 23:31
The AP reports: A federal judge told two San Francisco Chronicle reporters they must comply with a subpoena and tell a grand jury who leaked them secret testimony of Barry...
The post More b… Read More
2023-07-14 23:10
An IP lawyer, that is, and the “he” is Matthew Saunders, who blogs at Legal Fixation. He knows he’s one, and that Bill Patry, the ur-copyright blogger, is one too,...
The p… Read More
2023-07-07 22:25
Slashdot: BigTimOBrien writes to mention the EFF is reporting that self-proclaimed cyberlawyer, Eric Menhart, has decided to trademark use of the term “cyberlaw” and is threateni… Read More
2023-07-05 22:00
Michael Hall of Registration Ruminations is wrestling, as more and more trademark practitioners are, with the increasingly ubiquitous problem of inconsistency within the PTO on trademar… Read More
2023-07-03 21:39
With apologies to James Taranto — this is what came up on my Google alert for trademark news tonight: Analysts: iPhone Trademark Dispute Likely To Be Resolved Quickly Mac Rumors...
The… Read More
2023-07-02 21:27
Bill Heinze writes about Patent Terrorism and whether it fits into the model, oft discussed here, of improper use of the intellectual property system as a sort of arbitrage. Originally...
Th… Read More
2023-06-25 20:18
Lawyers don’t do the Constitution any favor when every trifle becomes a matter of litigation — perhaps especially in lawsuits against schools over kids’ “free speech… Read More
2023-06-21 19:21
Instapundit points to RedState.org, which reports on the “Online Freedom of Speech Act” that was introduced in the House: Today in the House of Representatives, Congressman Jeb H… Read More
2023-06-19 19:03
Dennis Crouch has them now, if you like that sort of thing. Law blogs and legal recruiting — perfect together! Originally posted 2014-04-09 07:50:23. Republished by Blog Post Promoter… Read More
2023-06-15 18:24
The “D” as in “Defense.” The put-upon pun is on “C & D,” which is what we pros call a cease and desist letter. As I’ve noted before, somet… Read More
2023-06-14 18:12
A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed… Read More
2023-06-13 18:00
Two years ago I expressed my own criticism, and later rounded up a number of other views, of the case brought by J.D. Salinger against a “sequel” to The Catcher in...
The po… Read More
2023-06-11 17:45
First published August 8, 2012. My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Of… Read More
2023-06-07 17:13
LoC got wind—and then a copy—of this letter, dated as of the date of this post, to ICANN in support of the creation of a new top-level domain. Further updates...
The post dot&hel&hell…Read More
2023-06-01 16:45
Another red hot AP story: The Circuit Court of Appeals for the D.C. Circuit has ruled that Time magazine’s Matthew Cooper and The New York Times’ Judith Miller have to...
The pos… Read More
2023-05-24 15:45
View Post WSJ.com’s Law Blog reports about the seven-figure effect in the Central District of California for a one-minute-late filing: A judgment in favor of [Morrison & Foster&rsq&hell…Read More
2023-05-23 15:37
(UPDATED, revised). That’s what Bob Cox is reporting in this story in the Examiner; more here. Google said it would not run anti-MoveOn ads because they supposedly violated its tradema… Read More
2023-05-20 14:59
This is an important decision: The Second Circuit Court of Appeals has partially reversed the earlier ruling of the U.S. District Court for the Southern District of New York (full...
The pos… Read More
2023-05-19 14:48
You’d hardly think it possible any more. Frankly our sensibilities are too delicate to blog on this story, but that’s why there’s always the the Trademark Blog. Originally… Read More
2023-05-18 14:36
Mack Reed puts his finger on it — almost — in the Online Journalism Review: The Web has made unauthorized propagation of information — whether copyrighted or not — in… Read More
2023-05-14 14:05
But mediation isn’t it — in the Jimi Hendrix vodka case, that is, which Mike Atkins has been all over since last year, as we reported back then. No settlement,...
The post There… Read More
2023-05-13 13:49
CrunchGear: With Nuvio suing Garmin’s Nuviphone on fairly spurious grounds, let’s take a look at famous trademark wars of times past. A little more on the bit-sized scale than a… Read More
2023-05-10 18:15
It’s going to be a very interesting landscape when the dust settles in the world of generative artificial intelligence through the proliferation of ChatGPT and beyond. Who owns the int… Read More
2023-05-10 13:29
TradeMark Express runs down the latest in the horse race among the presidential candidates (and, it seems, those who want to profit somehow from their names) in the trademark registration… Read More
2023-05-09 13:15
Remember the GEICO v. Google case? My former law partner and long-time spouse Jane Coleman does. She’s writing a chapter on secondary trademark infringement liability for the seco… Read More
2023-05-08 13:02
A little topical tweeting music from the last few weeks via @roncoleman: @VBalasubramani: State of Israel buys @Israel Twitter acct from Isr. Melendez (porn pdxr) | Hope they autoclave it… Read More
2023-05-08 11:01
Before you think that all jobs will be eliminated and that all lawyers will be of the job, think again. For the majority of artificial intelligence that’s been running hot...
The post… Read More
2023-05-07 12:59
This was all over the radio today: Federal authorities arrested more than 20 people on Tuesday in what they described as a massive scheme to smuggle Chinese-manufactured counterfeit clothes… Read More
2023-05-05 12:39
Trademark infringement claims, especially based on Internet use — where no real damage need ever be proved, or even pleaded, to maintain an action — remain the handmaidens of lit… Read More
2023-05-02 12:18
Is the Internet the same thing as cable TV? In case that was a serious question in your mind, the Second Circuit Court of Appeals answered it last week: In...
The post Waiting for the Intern… Read More
2023-04-30 11:50
Eugene Volokh joins the pile–on regarding a website that claims to exempt its contents from the liberating effects of the fair use doctrine. The North Country Gazette, a publicat… Read More
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