Likelihood of Revelation

Likelihood of Confusion Blog

The last week or so has been light on blogging, largely because of technological issues but also because of a slow week in topical news plus the occasional need to practice law around here. It doesn’t get better too fast because we will be out of the reality-based loop due to our office’s observance of the Jewish festival of Shavuoth, the celebration of the Revelation that made the Jews the chosen nation. (Nice! Right?) See you after shul.

Read more

Likelihood of Confusion Blog

New Penumbra: "Internet Free Speech"

Glenn Reynolds links to an editorial in the Washington Times that urges “Free speech for bloggers,” to which Glenn adds, “and everyone else.” But while that caveat in his headline is appreciated, it does tend to get lost in the sauce. The key language pulled from the editorial by Instapundit is, “Unfortunately, no matter what the FEC decides, there’s a chance that the days of unbridled political discourse on the Internet are nearing their end. . . . We encourage lawmakers to support the bills so that Internet free speech can advance unimpeded.” Why “unbridled political discourse on the Internet“?... Read more

Likelihood of Confusion Blog

Not a Rookie — Just a Freedom Fighter

Doug, you’re right about this: Helen Thomas will, in one capacity or another, outlast Scott McLellan in his role as White House Press Secretary. But are you really telling us that she is respected as “dean” of the White House press corps? Because I find that really hard to believe. Her partisan credentials are well established, and I’m not the only one who thinks so: [S]he is no longer the Helen Thomas of yesteryear, a deadline artist writing news for tens of millions of UPI readers. She left the waning wire in silent protest, after convicted felon Rev. Sun Myung... Read more

Likelihood of Confusion Blog

"Identity" is "Not Authored, Not Fixed"; God Mulls Appeal

Dennis Crouch reports on a Seventh Circuit opinion ruling that the Copyright Act does not preempt a claim under Illinois’ right of publicity. It arose in connection with a lawsuit by a model whose likeness was used by Ultra Sheen, and subsequently by L’Oreal, which acquired the former, beyond the contractual term. Here’s the heart of the opinion — I have bolded the words that define what is required for a claim to exist under copyright law: [W]e find that [plaintiff’s] identity is not fixed in a tangible medium of expression. There is no “work of authorship” at issue in... Read more

Likelihood of Confusion Blog

Reuters "Reports" Possibly Newsworthy WIPO Decision

Remember “Who, What, When and Where”? The New York Times headline says, “Actor Morgan Freeman wins cybersquatting case.” Now read the Reuters story (covered untouched, unedited and un-thought-about by the Times) and let me know if you can figure out what the trademark or the domain name was. I say this as someone who has been working in English for over 40 years now. Imagine how much worse it would be if this story had been rushed into print by, like, a blogger! UPDATE: Not surprisingly, Evan Brown has the details at Internetcases.com. The domain name? “MorganFreeman.com.” Read more

Likelihood of Confusion Blog

Summer in the City

Originally posted 2005-05-09 13:04:00. Republished by Blog Post PromoterHope there’s still time to change your summer plans to fit in another IP seminar presentation — my last, I think, for a while. I’m PowerPointed out. Here’s the blurb: The American Conference Institute seminar, at the Princeton Club in New York, is called Copyright / Trademark Protection & Litigation: Legal Trends and Developments — Maximizing Use While Minimizing Risk; Litigation Strategies From Claim Analysis Through Trial. In other words, if one person registers for each word in the title, someone will make some money here. I will be part of a... Read more

Likelihood of Confusion Blog

The Trademark Crackup

Originally posted 2005-05-04 16:10:00. Republished by Blog Post PromoterMarty Schwimmer comes through again with this pickup: A great article by Uli Widmaier about how courts have forgotten the “use” part of the Lanham Act in their rush to find trademark infringement all over the place, even where the trademark is commercially invisible. This is the thinking that could save Google, and should. Too bad the Europeans utterly don’t, and won’t, get it. But at least American trademark lawyers, and judges, should. Read more