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

Likelihood of Confusion Blog

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…

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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... 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.... 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... 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... 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.... 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:... 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... 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... Read more