Trademark Dilution

Unlikely to confuse

Check out, and think about, this post by John Welch and, of course, the article he’s writing about, one of whose authors is Barton Beebe, whom I had the pleasure of meeting last week when I accepted his invitation to chat with LLM’ers at the Engelberg Center on Innovation Law & Policy: Professors Barton Beebe and C. Scott Hemphill of New York University School of Law challenge trademark orthodoxy in their new article, “The Scope…

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Why I let my trademark registration lapse

In 2006 I filed to register the trademark LIKELIHOOD OF CONFUSION®, not because I had experienced much in the way of a need for trademark enforcement, but because doing so seemed like an awesomely cute idea.  Which it was. The mark was registered on May 15, 2007.  I filed a combined Section 8 and 15 affidavit in 2012.  And life went on. And for ten years no one needed to be sent a cease and desist... Read more

Best of 2012: Hardball at the TTAB

Originally posted 2012-12-27 06:00:00. Republished by Blog Post PromoterFirst posted on October 29, 2012. Far be it from me to put words into the mouth of John Welch, whose powers of expression are more than adequate to make the point, but it does seem that John is, in this case he reports on today at the TTABlog, taken aback at some recent litigation at the TTAB: Pro se Applicant Brick City 21 applied to register the... Read more

Those Olympian games

Originally posted 2013-10-25 12:41:05. Republished by Blog Post PromoterAuthoritative British IP blogger Peter Groves has characteristically well-developed thoughts about the UK’s widely-reported reign of terror over enforcement concerning “unauthorized” use of the word OLYMPIC ahead of that island nation’s hosting of this year’s Summer Olympics. And it has been ridiculous, at least for a free-type country.  Here’s what happenedto one bunch of disestablishmentarianists: Twitter has cracked down over online infringement of the Olympic logo after... Read more

An emphatic NO!

Originally posted 2014-09-08 18:10:23. Republished by Blog Post Promoter Chatty Kathy: German designer Wolfgang Joop’s bid to have a punctuation mark trademarked [sic] for his Joop! clothing and perfume company has been denied by European Union judges. Joop applied to register two versions of an exclamation point: the first is a simple exclamation and the other is inside a rectangular frame. Can’t blame him for trying! Say — maybe he can get a registration for... Read more

Google on the hook?

Originally posted 2008-04-03 20:56:27. Republished by Blog Post PromoterDavid Fish sends this along: Vulcan Golf, LLC filed a putative class action lawsuit against Google, Inc. and other defendants, including, Sedo LLC, Dotster, Inc. a/k/a The Defendants sought to have the case thrown out on a motion to dismiss. Instead, the Court allowed much of the case to proceed and ordered the parties to brief whether the case should proceed as a class action... Read more

Recycled posts: It’s not you, it’s me

Not long ago I got an email from a very well-known blogger who, I was very pleased to learn, is a regular reader of LIKELIHOOD OF CONFUSION®, wondering why his RSS feed — which is how he reads the blog — kept coughing up old posts. I explained to him that it’s because I recycle old posts, as I explained at length in this one.  But I had not realized that the disclosure that a post... Read more

My brand of humor – No. 2 – Jim Gaffigan

The first installment of this new feature excerpted Gary Gulman’s assault on soft-brand drinks. Jim Gaffigan’s assault on consumer brands is pretty unrelenting too, and — the purpose of this feature — makes me wonder what the folks in brand management do when bits such as these take off.  Gaffigan, who acknowledges in his bits a high degree of interest in the high-carb lifestyle, has routines that explicitly trash big brands such as McDonald’s, Domino’s Pizza... Read more