Trademark Law: The Dismal Science

Likelihood of Confusion Blog

The Tata Group put out this press release about a trademark decision that some people seem to think is funny. It is evidently connected with this WIPO decision. Likelihood of Confusion doesn’t get it. No one said trademarks were supposed be fun, much less funny. Much less bodacious. Hat tip to John Berryhill via the INTA List. Apparently he gets it.

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Likelihood of Confusion Blog

"If I’m a new inventor, I’m going to get sued right away."

Surprisingly, it was Antonin the Great who said that, according to an AP Report on today’s Grokster action. And in this regard he and I are in disagreement. I think it’s an argument reductio ad absurdum. On the other side: Justice Kennedy quoted as saying that using profits from trafficking in stolen property to help finance a young technology business “seems wrong to me.” Round up on the Induce Act Blog. Read more

Q the Lawyers

A report in the online Financial Express says that Nissan is suing Audi over “Q.” To wit: “We are seeking to bar Audi from using any names that could infringe on Nissan’s right over the letter ‘Q’,” she added. Quazy. It’s been ten years since the Supreme Court said that if you establish secondary meaning, you can have trademark rights in a certain color. But I guess when you can’t win back your own name in trademark litigation, you may as well try for an entire letter of the alphabet. According to Marty Schwimmer, cited in this article, Nissan could... Read more

Likelihood of Confusion Blog

Google, Google, Gone!

Gevald. It’s all Google, all the time here! Via Instapundit — now this! Google’s secretive and politically — well, incorrect, actually — news and ad techniques are getting the back of the hand from bloggers! Great buying opportunity, people! Read more

Likelihood of Confusion Blog

Sidewalk Theory: Scraping RSS, and More Google

Originally posted 2011-10-06 10:59:19. Republished by Blog Post PromoterApropos the Google / APF contretemps, Kevin Reynen of the Sidewalk Theory blog recently blogged on the concept of data (or content) scraping, which he maintains is essentially what Google has been doing to APF. Here is a thoughtful email from the Media Bloggers Association discussion list that Kevin has agreed to let me reproduce: I wouldn’t be so quick to defend Google. Is scraping content really fair use? When researching the adoption rate of RSS by US daily newspapers we found a number of people had written code to scrape headlines... Read more

Likelihood of Confusion Blog

I Read Dead Peoples’ Email: UPDATE

Remember this item? Michell Malkin reports on new developments. Like her, though for different reasons set out in my original post, I’m lukewarm about this move. UPDATE TO THE UPDATE: Deeper treatment of this issue, and specifically the Justin Ellsworth case, continues apace. Here’s one piece in IP Law & Business (the article is not available on line for free yet) by Mark D. Rasch, formerly headed the Department’s efforts to investigate and prosecute computer and high-technology crime. He recommends the creation of an ‘”Internet Living Will” designating who can have access to your electronic assets in the event of... Read more

Likelihood of Confusion Blog

You and Me Against the (Tulsa) World

Instapundit reports that Mike Bates at the Bates Line blog is fighting back against meritless legal threats from his nemesis, 500-pound media gorilla (in Tulsa terms) the Tulsa World. Mike is getting help from the Media Bloggers Association and, of course, this office. And, yes, Bates already kind of used the little joke in my title above, but as you can see from my letter, we don’t really believe in copyright any more, do we? (That is a jape.) Anyway, we know it really happened in Blogonia now, because Glenn and Dean have linked to it. Read more

Likelihood of Confusion Blog

Culture Killers or Pains in the Neck?

Wired reports on a new book whose thrust, evidently, aligns decently well with my own little personal views (and not just mine): Brand Name Bullies. Says the review in Wired: To prove his point that the commons is under attack, Bollier has filled Bullies with example after example of how corporate lawyers have swooped in on artists and consumers who have tried to use products and logos in ways other than those prescribed by the corporations themselves. Ah, but here’s the conclusion: At 253 pages — not counting the 55 pages of additional notes and indexes in the back —... Read more

Likelihood of Confusion Blog

Wish Me Luck.

I don’t really believe in luck. Ah, but mazal — that’s different! Let’s hope our mazal is good for this one: I am beginning a trial tomorrow (Monday) morning in federal court in the District of New Jersey (Camden vicinage). So, as the Professor says, “blogging will be light.” Of course when he says it, he is saying it to stadiums full of people. Whereas me, not. But if you do pop in, have me in mind. We are for sure on the side of the angels tomorrow. UPDATE:  We won. Read more

Likelihood of Confusion Blog

Linker from a Grok Land

Doing 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 this week. Grok that!) Couldn’t figure it out at first, so I searched on the site for my own painfully common last name (#82 — could be worse; my first name’s #21). No links to articles about Mr. Olympia, barbecues, blog-hating silver-spoon-in-mouth newspaper columnists, U.S. Senators, misspelled movie... Read more