Not the swiftest

It is so tiring.  But that, to some extent, is what they’re counting on. Taylor Swift abusing trademark, again, of course.  And everyone else not understanding that the nature of the latest version of that abuse, discussed below, is the widespread misunderstanding of what trademarks do — protect goods and services associated with them by use — and what they don’t — which is protect slogans or other clever word combinations. But muh brand building!…

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The Eve of Destruction

Originally posted 2009-09-17 14:01:11. Republished by Blog Post PromoterBig buzz for the new book by my law school classmate and ideological opposite, Professor Doug Litowitz: Advance praise for The Destruction of Young Lawyers: “If you are interested in the law, you better read this book. It tells the scorching truth about law schools and the so-called profession better and more honestly than any book I know.” Gerry Spence renowned trial lawyer and founder of Trial... Read more

SUPER HERO® my foot

Originally posted 2014-09-16 11:24:13. Republished by Blog Post PromoterUPDATE: Our NPR interview on this topic was on NPR’s “All Things Considered” just before 6 tonight. We blogged on this topic last week. Today the LA Times weighs in, writing, confusingly: TICKETS TO THE California Science Center’s latest exhibit, “Marvel Super Heroes Science Exhibition,” sell for $6.75 and up. But there’s one lesson the exhibition offers free of charge to anyone who wanders by the museum,... Read more

Where Were You When “Happy Birthday to You” Was Found to Be in the Public Domain?

Originally posted 2015-08-13 21:27:10. Republished by Blog Post Promoter Newly discovered evidence [according to a court filing] “proves conclusively that Happy Birthday has been in the public domain since no later than 1922.” At stake is the more than $5,000 per day—or $2 million per year—that singers, stage directors, filmmakers and advertisers currently shell out to use the [song]. – The Washington Post My entire extended family and I—some six dozen of us, spanning four generations—were... Read more

Blog o’ briefs

Originally posted 2014-08-18 11:21:20. Republished by Blog Post PromoterJust found this blog called Trademark Law Briefs.  It’s all Ninth Circuit stuff — which is plenty. It’s short little “briefs” summarizing recent trademark law decisions in that August federal Circuit, by California lawyer Cynthia Jones. I’d say if you mainly read this blog for your trademark learning you should balance it out with that one.  You’ll learn at least as much and not have to claw... Read more

Secondary trademark liability: Third party counterfeiting as proof of knowledge?

QUERY:  Are sales of counterfeit products other than those of the plaintiff valid proof of a defendant’s “knowledge” in a contributory trademark infringement case? That question typically arises in the flea-market cases (both virtual and brick-and-mortar) where the direct infringers are vendors with a history of “serial counterfeiting” and the plaintiff sues the landlord or online marketplace operator for contributory infringement. The argument is that the defendant knew or should have known he was facilitating... Read more

Turn the other one? Or liberty? Or death?

Originally posted 2014-10-06 09:52:13. Republished by Blog Post Promoter“Trademark” is not a verb. Right — we will resolve these all here and now.  Key issues.  Fish or cut bait.  Or we most assuredly will all hang separately! The Daily Mail reports, ” Cheeky team applies to use ‘Obama’ as a European trademark“: A group of enterprising Spaniards is set to win the European trademark rights to a word with instant global recognition – OBAMA. EU... Read more

You got privacy in my policy! No, YOU got policy in MY privacy!

Originally posted 2010-07-15 08:25:36. Republished by Blog Post PromoterMindful always of my civic duty, my unique relation to humanity, and legal webby things, I’ve updated the LIKELIHOOD OF CONFUSION® privacy policy.  Your family can rest secure in the knowledge that the policy is always readily available for your perusal, as well as for bar mitzvahs, etc., merely by clicking the pressure-sensitive link at left. But as a public service, I’m reprinting the updated policy as a... Read more

Chocolate Ice Cream with Chocolate Syrup

Originally posted 2009-11-10 16:00:53. Republished by Blog Post PromoterHow else to describe a post (this one) that combines two of our favorite obsessions — Google and fair use? Business Week online reports that Google’s announced plan to to scan millions of the world’s books and make them searchable online is, not surprisingly, a little scary to some people. No, not the people who are afraid of free access to books and information. Rather, the people... Read more