LIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary judgment decision came down in the U.S. District Court for the Eastern District of New York last week, in the case of S & L Vitamins, Inc. v. Australian Gold, Inc., 2:05-cv-1217 in which I represent the plaintiff. And while we will not comment on the decision, for obvious reasons, any reader of this blog involved in trademarks and the Internet will want to read it. So here it is. Credit to David Nieporent, co-author on the plaintiff’s brief!
Author:Ron ColemanI write this blog.
If you don't get enough email (who does?), I can send you LIKELIHOOD OF CONFUSION® blog posts by email! Free!
Leave a Reply
The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. This blog is about trademark law, copyright law, free speech (mostly as it relates to the Internet) and legal issues related to blogging.As for me, I'm a partner and commercial litigator at Goetz Fitzpatrick LLP in New York and, some say, "IP maven" with a special interest in copyright and trademark infringement involving the Internet--including advising clients how to avoid them. click here.
Follow @likely2confuse on Twitter
Matthew David Brozik – Contributing Editor
If you want to read something terrific, Matthew David Brozik's website is the place to spend time. Sometimes, however -- now, on a regular basis -- he saves something for LIKELIHOOD OF CONFUSION®.
Besides being an actual writer, Matthew is also an actual lawyer, his intellectual property law bibliography not being for nothing.
I’m high-ranked and I know it.
Is LIKELIHOOD OF CONFUSION® really all that? Rankings-wise? Is it really one of the top law blogs in the galaxy?
It is, for what that's worth.
As of right now, here are the latest rankings via:
- All legal blogs on Avvo.com
- Most popular law blogs this month on Justia (sometimes)
- All IP law blogs, by popularity, on Justia
- All copyright law blogs, by popularity on Justia (whoa!)
- Alltop's law blogs and
- Cision.com's Top 50 Law Blogs
It's easy it is to game almost any ranking system, not that I've tried to. As such. These are just what they are.
The term of art maven is used to mean "wise guy" here and is not meant to suggest that I have certified or other "expertise" in any particular field of legal practice. But try me.
CATEGORIES (a work in progress)
- BREAKING NEWS: TPP postponed to next yearJust a few days have passed since Wikileaks published the draft (secret) text of the Trans-Pacific Partnership Agreement (TPP, here), and even less since the IPKat and its friends provided an analysis of it (here, here, here, here, here).Via an invaluable Katfriend comes the news that today the ministers and heads of delegation for the TPP countries released […]
- 3 Count: Mississippi BluesMississippi Attorney General lashes out at Google, EU pondering possible copyright reform and The Pirate Bay loses another domain.The post 3 Count: Mississippi Blues appeared first on Plagiarism Today.Jonathan Bailey
- House of Representatives passes the Innovation ActThe United States has been discussing reducing the activities of NPEs/PAEs/trolls through new legislation for a long time now. The SHIELD Act was already addressing this topic, and now the Innovation Act is making its way up Capitol Hill to tackle the same issue. As many readers know, this topic has been already discussed many times on the IPKat; there remai […]
- Rule 11 No Substitute for Summary JudgmentThe court denied without prejudice defendant's motion for Rule 11 sanctions. "[I]t is apparent that the Court would, in fact, need 'to get mired in a conflict over terms' to decide the present motion, which turns on, inter alia, the proper meaning of terms (i.e. 'auxiliary device' and/or 'device presence signal') as we […]Docket Navigator
- Is this artwork a Cady Noland?What is a collector to do when he owns a work of art but it’s been de-authored (yes, I’m inventing this word) by the artist? What does he own? Speaking about the Cady Noland and Christie’s lawsuits against Marc Jancou, art historian and critic Martha Buskirk explains, But the money issue is ever-present, since Noland’s […]Sergio Muñoz Sarmiento
- The Global Congress on IP and the Public Interest, Day 2Today the Global Congress largely focused on the OpenAIR Project, and specifically on three “Scenarios” launched today by OpenAIR (available for free download here). The Scenarios are studies that explore, based on a number of base assumptions, the state of Africa and African IP as it may exist in the year 2035.Three flavours of Africa - which do you prefer […]Isaac
LIKELIHOOD OF CONFUSION® Copyright © 2013. All Rights Reserved.