Political Correctness Trademark Battle Continues

We haven’t heard the last of the fight over the Washington Redskins trademark fight. The AP reports that the earlier decision rejecting the challenge based partly on laches has been reversed in part. American Indian representatives don’t like the trademarks because “they are disparaging and bring Native Americans into disrepute.” Six and ten last season? Can’t blame them. On the other hand, if that kind of record gets the Indians upset, shouldn’t the Cowboys be... Read more

Coca-Cola Classic

Have a Coke and a Trial

India doesn’t have a First Amendment, as such, but from what I read its free speech protections are similar to those in the West. So the use of threatening a trademark suit to chill criticism should distress everyone who’s not a complete Coke head. Not that such threats don’t always work; they frequently do. But we shouldn’t like it or “tolerate” it. Coca-Cola: Please limit your trademark litigation threats to the Real Thing. And save your... Read more

Likelihood of Confusion Blog

Marginal Thoughts

Originally posted 2013-02-26 17:08:12. Republished by Blog Post PromoterIn the Grokster afterglow (or hangover, depending on your point of view), consider a very interesting piece by blogger Clay Shirkey has called Fame vs Fortune: Micropayments and Free Content. The article was first published in September 2003 on the “Networks, Economics, and Culture” mailing list. Shirkey argues, compellingly, that a simpleminded application of the microeconomic model of marginal value to evaluating marginal content sales of the... Read more

Likelihood of Confusion Blog

It’s That Slow

This is the sort of trademark story you end up dredging up this time of year. Yes, I’m swamped; yes, I’ve had technical difficulties associated with our move to Movable Type. But I haven’t forgotten the blog! Summer can be that way in the legal profession. Read more

Likelihood of Confusion Blog

Likelihood of Revelation

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... 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.... 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... Read more