Blawg Review #191 (Archive post)

LIKELIHOOD OF CONFUSION® is privileged to host the Blawg Review of Lights on this festive night! That is, Happy Hannukah!  Yes, the fundamental narrative of Hannukah is black–letter: Hannukah celebrates the victory of the Maccabees, a small band of Jewish patriots, over the mighty armies of Syrian King Antiochus. When they restored the Holy Temple in Jerusalem, the Maccabees found one jar of pure oil, enough to keep the menorah burning for just one day. But a miracle happened, and the oil burned for eight days. A classic question, and one that lawyers, the people who blog about their work…

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Louis Vuitton — the big IP player that keeps on giving (Updated!) (Best of 2016)

First posted on September 9, 2016. Ah hah!  Two of my favorite subjects, like peanut butter and chocolate, in one candy bar: prof amici in @LouisVuitton case argue federal trademark dilution statute “is in fatal tension w/ 1st amendment.” https://t.co/32ifXNWeWs — alexandra j. roberts (@lexlanham) August 27, 2016 From the “On the Case” Reuters post by Alison Frankel: To just about everyone but Louis Vuitton, the joke is obvious. Inexpensive canvas totes decorated with cartoon versions of famously expensive, iconic designer handbags? That’s funny – especially because the name of the company that makes the totes is My Other Bag, a... Read more

Tweety Bird

Fall a-twitter

Originally posted 2012-09-11 10:52:11. Republished by Blog Post PromoterIt’s time, with the crisp all in the air, to take a look back at the endless summer that wasn’t (wasn’t so endless) — topical tweets [email protected]: Web investigations put off-limits to Social Security claims judges – Washington Times:  via @washtimes [email protected]: Meet the Bloggers VIII – Photos RT @IPWatchdog: It’s Pronounced Foo Koo. Is the ‘FUKU’ trademark scandalous? –[email protected] RT @ericgardner: Village People songwriter Victor Willis wins BIG case over copyright termination of ‘YMCA’ Cited by panelist Stacey King: LIKELIHOOD OF CONFUSION® | Louis Louis #INTADC LIKELIHOOD OF CONFUSION®: Oft cited, seldom invited! Forward, #INTA the past! | LIKELIHOOD OF CONFUSION® #INTADC [email protected]: Perfect 10 Case... Read more

Best of LIKELIHOOD OF CONFUSION®: Nuts to us? Or a “real” Charlie Brown Christmas? (Archive post)

Originally published December 9, 2009. Now a heartwarming tradition of bloggy goodness. Instapundit links to this item about the incredible shrinking Charlie Brown specials — warmly-remembered favorite scenes from the annual Peanut broadcasts being incrementally excised from annual broadcasts to make room for more and more commercials.  And now, being today and all, all this can be confirmed by any diligent dork who takes the time to line up the store-bought DVD versions against the Hulu streams of the TV broadcasts. This last fact not only boggles the middle-aged mind as to how profoundly the world has changed for media. ... Read more

The odd inversion of the trademark “rights in gross” conundrum (Best of 2016)

First posted on August 18, 2016. Is reselling domain names a violation of the UDRP? At his blog, Gerald “Mr. UDRP” Levine lays out the question, and then answers it plain and simple (emphasis mine): On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that “[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words” and then suggested that the “fundamental question before the Panel is whether or not such a business should be allowed under the UDRP.”... Read more

The Empire strikes back (Best of 2016)

First posted July 5, 2016. Via the Duets Blog, a trademark resolution that has been building for far too long: It is not easy to establish fame for purposes of showing a likelihood of dilution by blurring.  Owner of the Empire State Building marks rose to the challenge in a recent decision by the Trademark Trial and Appeal Board (“the Board”).  ESRT Empire State Building, LLC v. Michael Lang, Opposition No. 91204122 (June 17, 2015) [not precedential]. Others have tried and lost.  See Coach Servs., Inc. v. Triumph Learning LLC, 101 U.S.P.Q.  Omega SA v. Alpha Phi Omega, Opposition Nos. 91197504... Read more

In the maw of the beasts – Copyright in Cambridge, this Wednesday

Originally posted 2014-06-23 12:22:25. Republished by Blog Post PromoterOn Wednesday, June 25, 2014, I will be participating in the statutory damages segment of the “Second Green Paper Roundtable” in Cambridge, Massachusetts. What is he talking about?  It’s hard to explain, really.  Give the PTO credit for not being hung up on slick marketing and stuff.  Here’s the thing: Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy In July 2013, the Department of Commerce’s Internet Policy Task Force (Task Force), led by the United States Patent and Trademark Office (USPTO) and National Telecommunications and Information Administration (NTIA),... Read more

The new fuzzy logic of copyright damages (Best of 2016)

First posted on June 17, 2016. What’s all this about the Supreme Court and copyright damages? Pretty thorough analysis of yesterday’s SCOTUS #Kirtsaeng judgment#copyright https://t.co/IPXtq9xFH3 — Managing IP (@ManagingIP) June 17, 2016 This one, then, is the one I will rip off (with attribution) for the blog post! https://t.co/6kDhsmQ7Jf — Likelihood ®© Blog (@likely2confuse) June 17, 2016 So we got that part over with.  Now, I have written a bit about the first-sale aspects of prior iterations of the Kirtsaeng case, and a bit about copyright damages, myself.  Now, however, thanks to the Supreme Court, it’s two great tastes in one... Read more

Clothiers and disclosure (Best of 2016)

First posted on May 6, 2016. Interesting.  This, from the mysterious Julie Zerbo at her iconoclastic blog, The Fashion Law: The newest group of potential outlaws in the fashion industry is not made up of tax evading Italian design houses. Instead, it is a slew of big-name brands and famous bloggers teaming up for promotional purposes that are consistently choosing to blatantly disregard the provisions of the Federal Trade Commission (“FTC”) Act. Not up on the FTC Act? It is a federal law that aims to prevent unfair methods of competition, and misleading or deceptive acts or practices in the marketplace.... Read more

Wrong skillset for trademark registration (Best of 2016)

Originally posted on April 28, 2016. John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate. In re National Presto Industries, Inc., Serial No. 85883551 (April 19, 2016) [not precedential]. The mark comprises the curved handles of the skillet, not the metal base or the glass lid or the knob (which are shown all in dashed lines). Of course, under Wal-Mart, product configurations cannot be inherently distinctive, so Presto resorted... Read more