Best of 2013: Autographs as trademarks: Sign right here
Ron ColemanFirst published on August 5, 2013. I first got interested in the question of autographs as trademarks in connection with the case I first wrote about here involving Jimi Hendrix’s…
Best of 2013: Yes, Virginia, domain names do matter
First published on July 19, 2013. That’s one thing I learned at the New York Intellectual Property Law Association’s “Hot Topics in” all kinds of stuff CLE seminar last Wednesday,…
Best of 2013: The Lanham Act’s surprising penumbras
First published on July 15, 2013. Here I thought I understood something about the Lanham Act. But wait, there’s more! Did you know this?: The purpose of the Lanham Act…
Best of 2013: Lanham Act attorneys’ fees: Good to know
First published on June 27, 2013. The situation with attorneys’ fees in “exceptional cases” under the Lanham Act is, to put it mildly, not clear. I’ve written about it from…
Best of 2013: False connections under the Lanham Act
First published on June 7, 2013. John Welch has posted a collection of “false connection” claims under Section 2(a) of the Lanham Act (15 U.S.C. 1052(a)). As it happens, a…
Best of 2013: “Inside Straight” on blogging for lawyers
First published on June 2, 2013. Some of my best (online-who-I-never-met-but-believe-me-they-have-your-back) friends among legal bloggers don’t believe in legal blogging at all. For example, Scott Greenfield both excels at it…
Best of 2013: It’s fun to stay at the U-N-T-A!
First published May 19, 2013. Last year there was much Strum und Drang here about INTA — sorry, I mean The I-N-T-A!, which stands for International Trademark Association! (now there’s…
Best of 2013: Cooley Law v. John Doe 1, in which Doe does not
First published May 1, 2013. Today I was preparing a brief in opposition to a subpoena served on a client seeking information to identify certain anonymous third parties. The argument…
Best of 2013: The superheroes of trademarks
Originally published on April 15, 2013.What could be more superheroic, after all, than splitting one trademark into two sources of origin? Maybe trying to make some sense out of how…
Best of 2013: Kirtsaeng and Copyright: First sale means first sale
The Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which allows for legally…
Best of 2013: Yelp for evidence
Originally published on March 5, 2013. Anonymous online comments as proof of a LIKELIHOOD OF CONFUSION at the preliminary injunction stage? Evan Brown explains: In a trademark case between competing…
Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law?
First published February 14, 2013. I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such…
Best of 2013: ROLEX v. ROLL-X: Permanent vacation, and sideways vindication
First published February 6, 2013. The TTAB recently ruled, based on internal reasoning that is entirely justifiable, that if you can’t afford to litigate — as far as is necessary…
Best of 2013: SOPA dopes
Originally published on January 8, 2013 Contra Forbes, and via Instapundit, an article in The Hill describing the post-traumatic stress being experienced in Washington with respect to SOPA: Nearly a…