Originally posted 2012-10-31 19:16:13. Republished by Blog Post PromoterInstapundit.com – YES, THERE DOES SEEM TO BE A GROWING POLITICAL CONSENSUS in favor of shutting up the [sic] hoi polloi. I don’t even consider myself all that polloi, if you don’t mind my saying so. They’d just like us all to shut up. Could the new, somewhat […]
The post Crunch time on speech — again appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2010-06-28 01:00:06. Republished by Blog Post PromoterThe DeMoines firm of McKee Voorhees & Sease has a very interesting looking IP blog called Filewrapper®. Here they report on a Tenth Circuit case clarifiying the applicable standard for declaratory judgment jurisdiction in trademark infringement cases: The court held that the “reasonable apprehension of suit” standard […]
The post 10th Cir. on DJ’s in TM appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2007-10-17 15:07:05. Republished by Blog Post PromoterMarty Schwimmer prints an excerpt from this story, about a guy who wants to buy a domain name to start up a new business, but can’t afford the $1000 for the name he wants and which is being warehoused by a domain seller. The would-be buyer doesn’t […]
The post Petty taxes appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2013-12-26 14:21:02. Republished by Blog Post PromoterFirst published May 1, 2013. Today I was preparing a brief in opposition to a subpoena served on a client seeking information to identify certain anonymous third parties. [Update: The result of our motion can be seen here.] The argument against such business is pretty well established, […]
The post Best of 2013: Cooley Law v. John Doe 1, in which Doe does not appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2011-06-28 14:12:33. Republished by Blog Post Promoter 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 Circuit has directed the U.S. International Trade Commission to reconsider its ruling prohibiting domestic sales of […]
The post Grey is OK appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2011-04-17 17:46:06. Republished by Blog Post PromoterAnd it doesn’t even exactly involve the Red Sox: Various buildings overlook Wrigley Field, home of the Chicago Cubs. Entities unrelated to the Cubs operate businesses on those buidlings’ rooftops, charging admission and selling food and drink during Cubs games. The Cubs have sued some of these […]
The post Pure evil appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2012-10-05 15:05:02. Republished by Blog Post PromoterIt’s an estate planning / New York bar exam joke — it has to do with something called the Rule Against Perpetuities. Yes, of course, we know that hands are made of digits; but how hard do we have to work to form the perfectly flowing pun when we […]
The post The digital dead hand appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2013-02-20 14:00:09. Republished by Blog Post Promoter [Editor’s note: When this was first posted, I — not Matthew, I, Ron Coleman — failed to utilize the drop-down box and make sure that MDB showed as the author of this piece, probably thinking that the picture at left would do the trick. Based on […]
The post We Can Infringe Upon You Wholesale appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2013-03-21 13:15:19. Republished by Blog Post PromoterMichael Atkins asks, “Are Anti-Genericism Ads Effective”? Good post. Bad word, “genericism” — I don’t blame Mike; a lot of trademark lawyers use this term. To me an “ism” is an ideology (or a medical condition!). I prefer the term “genericness.” Just saying.
The post Campaigning against the generic appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2011-05-08 00:54:10. Republished by Blog Post PromoterPatently-O publishes a rather ambitious patent application that could actually make that mainstay of PTO rejection fodder, perpetual motion machines, look quite reasonable: “Chris Roller wants exclusive right to the ethical use and financial gain in the use of godly powers on planet Earth.” As Dennis Crouch […]
The post PTO invents perpetual spam machine appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2008-03-04 20:37:45. Republished by Blog Post PromoterMarc Edelman at Abovethelaw: On Friday, February 22, Major League Baseball Advanced Media, L.P. (“MLBAMâ€) and the Major League Baseball Players Association (“MLBPAâ€) filed a petition for a writ of certiorari to the U.S. Supreme Court (No. 07-1099), seeking to overturn the Eighth Circuit Court of Appeals’ […]
The post Virtually athletic appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2007-12-28 10:31:49. Republished by Blog Post PromoterThis important (pdf). As a New York Law Journal article (sub. reqd.) puts it, The Second Circuit’s decision in In re Literary Works substantially limits the use of class actions as a vehicle to settle copyright infringement cases. Survey evidence cited by the parties in the case […]
The post How important is copyright registration? appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2021-05-24 12:48:02. Republished by Blog Post PromoterSome people seem to be interested in these things. Here is a video I did introducing the concept of pretrial civil discovery.
The post Discovering discovery appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2006-07-26 11:41:15. Republished by Blog Post PromoterYou’ve read the blog, now read the book. No, it’s all right — it’s billable — at the Anonymous Law Firm LLP. Gosh, a lot of young lawyers want to write books about their big-firm experiences!
The post Anonymous Lawyer: The Book appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2005-01-28 09:36:00. Republished by Blog Post PromoterDoing my morning website traffic analysis, I noticed an extraordinary traffic spike, not to the blog, but to our firm website. What gives? Thankfully, my terrific hosting company, Capalon in Baltimore, provides great tracking tools. Turns out that we got a link from the ultra-impressive GROKLAW website. (That makes two grok-based threads […]
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Originally posted 2014-12-03 12:54:57. Republished by Blog Post PromoterIn a totally random way, I ended up linking to an old piece about my adventures seeking a first-year summer associate position at my other blog. Then after some very flattering feedback, I figured some readers of this blog might enjoy it, especially law students, so here […]
The post Spiritual balm for clerkship-seeking law students appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2016-05-18 19:18:59. Republished by Blog Post PromoterNominative fair use — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to describe the alleged infringer’s goods or services use — has now come East, courtesy of the Second Circuit Court of Appeals in […]
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Originally posted 2013-09-16 19:07:51. Republished by Blog Post PromoterBloomberg News reports that “my generation”‘s President is every bit as thoroughly modern as you’d expect. In other words, no unauthorized drawing down of his icon-equity will be permitted: Yes you can, Brad! Oops, sorry. The article continues with a decently thorough examination of the issues, quoting […]
The post “Yes We Brand!” appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2013-03-15 09:57:32. Republished by Blog Post PromoterSearch Engine Land: Eric Goldman reports that an 11th circuit, US Court of Appeals has upheld a district court’s decision that the use of trademark[-protected] terms in meta tags can cause confusion and thus can constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. docket […]
The post Metatags and infringement: Eleventh Circuit says, “Yes” appeared first on LIKELIHOOD OF CONFUSION™.
Originally posted 2012-09-10 06:00:28. Republished by Blog Post PromoterThe AP reports that Ralph Lauren has lost the latest battle in the ongoing tussle between his gazillion-dollar faux-upper-crust-Americana fashion brand and the actual horsey set types who seek to do the same: Ralph Lauren had charged infringement over the use of logos featuring two men playing […]
The post A Round in the Polo Match Goes to the U.S. Polo Association appeared first on LIKELIHOOD OF CONFUSION™.
