Summer in the City

Likelihood of Confusion Blog

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…

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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

Likelihood of Confusion Blog

Good Deed for the Day: Helping Old Producers Cross Agents

Originally posted 2009-09-21 22:24:56. Republished by Blog Post PromoterIn far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright [original link lost, sorry — RDC]: Boy Scouts in Hong Kong now can earn merit badges for learning about the wonders of copyright law–at least the version described by the Motion Picture Association . . . It’s not unprecedented for one industry to create a merit badge. The Boy Scouts currently offers a long list of badges including “American Business,” “American Labor,” “Auto Mechanics,” “Electronics,” “Law,” and “Nuclear Science.” It’s not clear, though, how much time the MPA’s merit... Read more

Likelihood of Confusion Blog


The AP reports that Apple has responded to a new book about Steve Jobs entitled iCon Steve Jobs: The Greatest Second Act in the History of Business by yanking all the books by the publisher, John Wiley & Sons, off the shelves of its Apple stores. MacWorld confirms the story and adds good detail: “I was told late last week that Wiley had been talking to Apple for a while,” [author Jeffrey] Young told MacCentral. John Wiley & Sons Inc. provided Apple with a copy of the manuscript to verify facts. “Apple didn’t have any factual issues, but they just... Read more

The Matrix Downloaded

Originally posted 2014-03-14 10:40:56. Republished by Blog Post PromoterData security and privacy are not big topical interests of mine. Anything Europeans are obsessive about can’t be all that important. Throw in the ACLU, that predictable bizarro-world weathervane of right and wrong, and I’m usually pretty sure “what to think.” But part of this story about the announcement that LexisNexis databases were compromised far more than had been previously believed caught my eye. It was this: Data-collection services provided by Seisint, based in Boca Raton, Florida, allow police and financial firms to sift through vast amounts of personal information — from... Read more

Likelihood of Confusion Blog

Common Law Copyright Makes it On Broadway

The online New York Law Journal (registration with a credit card for at least a free trial required) reports as follows: ALBANY: In an unprecedented expansion of common law copyright protections, the Court of Appeals [New York’s highest state court] yesterday said recording artists are shielded in perpetuity under New York standards even when their foreign copyrights have long since expired. Attorneys predicted the 7-0 ruling in Capitol Records v. Naxos of America, [Inc.], would have a significant impact on the recording industry. This almost sounds like an April Fool’s joke, it appears (at first blush) so far-reaching. They link... Read more

Death of an Icon

A story from the L.A. Times / Washington Post syndicate, evidently sent to press before the Pope’s death, told of the increase in sales of John Paul II-related merchandise. This includes perfectly reasonable and understandable things such as the Pope’s own book, Rise, Let Us Be On Our Way (forgive me, but it reminds me of a different book by a very different man) and rather silly things like the pineapple in red lemongrass soup the Pope had sampled in a San Francisco restaurant. It will be interesting to see how this unsurprising phenomenon plays out in terms of the... Read more

Likelihood of Confusion Blog

Translate This

Just had a bizarre experience while doing routine tracking of where readers of the blog come from. The most recent referrer was from an automated Google translation page — translating the first screen of Likelihood of Confusion into Gallic. I knew Google would get me back, sooner or later. And me, a shareholder! It is a weird experience seeing Probabilité de confusion par Ron Coleman looking as if I actually wrote it in Frankish. Of course, I have no idea whether it’s even remotely good French (“J’ai une poignée comme un plombier et j’avais l’habitude de faire l’écriture de miroir pour impressionner des dates”).... Read more

Likelihood of Confusion Blog

Trademark Law: The Dismal Science

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. Read more

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