LIKELIHOOD OF CONFUSION®

The NFL’s brief on the issue you’ve read about everywhere, including here, is now out and about (courtesy of John Welch): NFL v Blackhorse – The Redskins Brief

Originally posted on June 18, 2014. I’ve been writing about the dispute over the REDSKINS trademark on this blog more or less since the beginning of the blog itself. Today a new chapter has been written — or rewritten.  The TTAB has ruled and, not particularly surprisingly, the NFL team called the REDSKINS has been […]

Originally posted 2012-01-04 11:22:31. Republished by Blog Post PromoterI’ve been following the REDSKINS trademark travails since forever. Well, they’re not over. Or are they? Live with me in real-time, real-life blogging time. I got excited by a link on my Google alert for trademark news, to this story in the Washington Post: As Redskins’ struggles […]

I’ve been writing about the dispute over the REDSKINS trademark on this blog more or less since the beginning of the blog itself. Today a new chapter has been written — or rewritten.  The TTAB has ruled and, not particularly surprisingly, the NFL team called the REDSKINS has been deemed, nunc pro tunc, to have […]

Originally posted 2009-06-09 12:37:25. Republished by Blog Post PromoterI didn’t have a chance to mention that last month, the order denying the legal challenge to the Washington Redskin’s use of its trademark American Indian logo was upheld. Now I have a chance! And do the unhappy Indians have a chance?  They think they do. UPDATE: […]

Originally posted 2006-08-09 23:33:11. Republished by Blog Post Promoter Remember the Washington Redskins trademark tussle? CNBC reports that it’s back — again — and better than ever. This time the focus is an interesting technical tactic related to an aspect of the case involving the equitable doctrine of laches: [T]he U.S. District Court of the […]

Originally posted 2008-09-02 00:01:43. Republished by Blog Post PromoterThis story won’t die — especially judging from the prominence of related words among search terms that reach this blog.  The latest, which we missed when it came out in July and we were otherwise engaged, is that the NFL’s Washington Redskins again prevailed in a lawsuit […]

I am grateful for a break in the Section 2(a) action long enough that I could sneak in some blogging about another topic this week.  Apropos that post’s nostalgic subject, it even generated some old-fashioned comments-section debate about fair use with me on the unaccustomed side of things before breaking developments returned us to our monotonously scheduled programming. Yes… the thing […]

Part one and part two of this three-part post were published earlier this week. When the PTO’s decision revoking the REDSKINS registrations was affirmed by the TTAB, I asked, as others — including the NFL — have asked, whether such sociological (not to say historicist)  time travel concerning the REDSKINS mark comports with constitutional due […]

Yesterday I ended part one of this post about a proposed law to outlaw any trademark registration rights for the NFL’s Washington Redskins with this question:  Given the offensive nature of the trademark by all accounts and the strong  “political” (not, strictly speaking, congressional) support for such a measure, why didn’t Representative Mike Honda go all the way […]

For years I’ve been complaining that so much of the excitement in intellectual property law jurisprudence these days involves policy-making by judges and the PTO. How and what is secondary liability for trademark infringement, and what isn’t? Are defendants entitled to attorneys’ fees when they win a copyright infringement case? How much ethnic identity is too much […]

Originally posted 2009-01-27 19:59:39. Republished by Blog Post PromoterFirst posted January 29, 2009. Oh, to be a hip, Jewish intellectual… property owner. Stick with me here. A while back I was following the story of the PTO’s refusal to register the mark NIGGA.  As I put it then: Forget “immoral or scandalous,” which, as we […]