Likelihood of Confusion

Large game

Originally posted 2008-02-01 14:57:39. Republished by Blog Post PromoterForbes chimes in on the NFL’s heavy-handed IP campaign, and how much more this year has looked like flag football, or maybe “touch”: Clearly, brand owners need to be proactive to protect their intellectual property rights, which are enormously valuable assets and can be threatened by piracy […]

The post Large game appeared first on LIKELIHOOD OF CONFUSION™.

Drink to me only with thine eyes

Originally posted 2014-01-22 13:44:33. Republished by Blog Post Promoter A week or so ago it was the sad story of Jimi Hendrix on the bottle. Now the TTABlog reports on another famous-dead-guy-as-booze-trademark case: Applicant Anatoliy Bondarchuk failed to fend off a petition for cancellation of his registration of the mark MARC CHAGALL for vodka. The […]

The post Drink to me only with thine eyes appeared first on LIKELIHOOD OF CONFUSION™.

The only unmentionable trademark?

Originally posted 2006-03-03 17:46:08. Republished by Blog Post PromoterWe alluded to this story in an earlier post. Evidently Daman Wayans’s attempt to file a trademark application for the word “Nigga” continues to hit a brick wall. Forget “immoral or scandalous,” which, as we have said before, is an increasingly hopeless position for national government to […]

The post The only unmentionable trademark? appeared first on LIKELIHOOD OF CONFUSION™.

Trademark clarity where it’s manufacturer versus distributor

Originally posted 2017-05-01 06:41:56. Republished by Blog Post PromoterEveryone here understands that in the U.S., trademark rights are determined by use, a term of art that, practically speaking, means hardly anything, but if it means anything at all pretty much means “sale.”  And priority in trademark — priority being a term of art that means […]

The post Trademark clarity where it’s manufacturer versus distributor appeared first on LIKELIHOOD OF CONFUSION™.

Clothiers and disclosure

Originally posted 2016-05-06 13:38:19. Republished by Blog Post Promoter Interesting.  This, from the mysterious Julie Zerbo at her iconoclastic blog, The Fashion Law: The newest group of potential outlaws in the fashion industry is not made up of tax evading Italian design houses. Instead, it is a slew of big-name brands and famous bloggers teaming up […]

The post Clothiers and disclosure appeared first on LIKELIHOOD OF CONFUSION™.

Sealed with a fist

Originally posted 2013-07-08 12:42:12. Republished by Blog Post PromoterI kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have superior options for utilization of public resources.  But here’s a topper:  The FBI has written to Wikipedia demanding that the […]

The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

INTA does the right thing

Originally posted 2017-08-03 15:28:44. Republished by Blog Post PromoterI’m glad I got my grumbling in before this hit my inbox: The International Trademark Association (INTA) is pleased to announce the launch of its Pro Bono Trademark Clearinghouse. An initial two-year pilot program will take place in Germany and the United States, after which the Clearinghouse […]

The post INTA does the right thing appeared first on LIKELIHOOD OF CONFUSION™.

PissedConsumer.com: Devere Group v. Opinion Corp.

Originally posted 2012-07-13 18:22:28. Republished by Blog Post PromoterI have — win, lose or draw — kept you all abreast of the progress of the various lawsuits against PissedConsumer.com (otherwise known as Opinion Corp.), the gripe site that people hate so much. Why do some people hate PissedConsumer.com?  Because they assume whatever someone writes about them […]

The post PissedConsumer.com: Devere Group v. Opinion Corp. appeared first on LIKELIHOOD OF CONFUSION™.

It never ceases to amaze

Originally posted 2011-10-24 22:45:05. Republished by Blog Post PromoterJohn Berryhill writes, on the “INTA List”: Now everyone is getting in on the act… Since large scale domain tasting has largely been stopped, the way is clear for internet service providers to intercept queries seeking non-existent, non-registered domain names, which largely consists of users who have […]

The post It never ceases to amaze appeared first on LIKELIHOOD OF CONFUSION™.

TTAB to dirty trademark applicant: “Go.”

Originally posted 2009-05-26 13:57:46. Republished by Blog Post PromoterWe see again that the ill-defined “scandalous” criterion for rejecting trademark registration applications — and not merely those involving hot-button ethnic slurs — lives, as John Welch reports (not safe for work, and, really, for home either — why not just read my nice version right here?): […]

The post TTAB to dirty trademark applicant: “Go.” appeared first on LIKELIHOOD OF CONFUSION™.

Over the rainbow and beyond the pale?

Originally posted 2011-12-05 10:40:49. Republished by Blog Post PromoterSomehow—despite that I always have one eye open for decisions involving copyright in fictional characters, because almost always I disagree with the ruling and I enjoy then getting to rail about it—I didn’t learn about a new case extending the abstract protection extended to fictional characters, the July […]

The post Over the rainbow and beyond the pale? appeared first on LIKELIHOOD OF CONFUSION™.

Confusion ascendant

Originally posted 2012-07-27 18:46:13. Republished by Blog Post PromoterJewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) — which begins tonight but, due to the Sabbath, is observed beginning tomorrow (Saturday) night — five national calamities occurred: During the time of Moses, Jews in the desert accepted the slanderous […]

The post Confusion ascendant appeared first on LIKELIHOOD OF CONFUSION™.

Someone get these guys a bandage!

Originally posted 2012-01-20 09:32:49. Republished by Blog Post PromoterJudge Jed Rakoff, famous in the Southern District of New York for not wasting any (judicial) time, doesn’t waste any in the J&J / Red Cross case: The judge granted a request by the American Red Cross to dismiss a claim in J&J’s lawsuit contending that the […]

The post Someone get these guys a bandage! appeared first on LIKELIHOOD OF CONFUSION™.

I enjoy being a trademark lawyer

Originally posted 2014-04-09 07:50:34. Republished by Blog Post PromoterJohn Welch at the TTABlog® has up what even he acknowledges is an “excit[ing]” post, in which he both imagines himself a woman and quotes this lively Trademark Trial and Appeals Board opinion excerpt concerning the resolution of the Chippendale’s dancer-boy trademark appeal I discussed a while […]

The post I enjoy being a trademark lawyer appeared first on LIKELIHOOD OF CONFUSION™.

iDiots

Originally posted 2005-04-26 19:45:00. Republished by Blog Post PromoterThe AP reports that Apple has responded to a new book about Steve Jobs entitled iCon Steve Jobs: The Greatest Second Act in the History of Business by yanking all the books by the publisher, John Wiley & Sons, off the shelves of its Apple stores. MacWorld […]

The post iDiots appeared first on LIKELIHOOD OF CONFUSION™.

Kid Rocks, Rolls

Originally posted 2005-01-12 17:44:00. Republished by Blog Post PromoterPopular music individual Kid Rock has prevailed in the Sixth Circuit appeal of a District Court ruling dismissing the lawsuit against him that sought to prevent him from using the “Top Dog” trademark. The Circuit Court agreed that the plaintiff, a former business partner, had abandoned the mark […]

The post Kid Rocks, Rolls appeared first on LIKELIHOOD OF CONFUSION™.

Pages