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LIKELIHOOD OF CONFUSION™

LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

  • Legal standards for likelihood of confusion
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    • Play-Doh’s trademark registration passes the smell test
    • Social Media and Proving Secondary Meaning
    • Slants, Redskins and other “Disparaging” Trademarks
    • Bully for Who? How trademark bullying works
    • Copycats on the Superhighway
    • Prudential Standing: Who is ‘Any Person’ Under the Lanham Act?
    • Hacker with a White Hat
    • Trademark, Copyright, and the Internet: Time to Return Balance to Civil Litigation
    • Hands off blogs: Mandatory disclosure of “blogola”?
    • Bloggers, Journalists, Reporting and Privilege
    • “Initial Interest Confusion”: Compounding the Error
  • More
    • Privacy Policy
    • Opposition brief of Gavin McInnes to motion to dismiss by SPLC
    • Statutory damages in copyright cases
    • A Theory of Trademarks in the Blog Era
      • Managing Risk: Litigation Prophylaxis in High-Tech Agreements
    • I’m high-ranked and I know it
    • The Endless Summer: Student Lawyer magazine, March 1989
    • Asymmetric Cultural Warfare
    • Blawg Review #2 (April 17, 2005)
    • Copycats on the Superhighway
    • The Endless Summer: Student Lawyer magazine, March 1989
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Author: Matthew David Brozik

Posted on February 5, 2023 Humor

Where Were You When “Happy Birthday to You” Was Found to Be in the Public Domain?

Newly discovered evidence [according to a court filing] “proves conclusively that Happy Birthday has been in the public domain since no later than 1922.” At... Read more

Posted on December 27, 2022 Distribution systems

Zediva: The world’s longest extension cord

The AP reports that a small California (of course) company thinks it has a brilliant idea, a way to out-Netflix Netflix: Zediva Inc. is going... Read more

Matthew David Brozik
Posted on December 14, 2022 Copyright Law

Darth Vader versus the United States of America! (Okay, not really.)

This post discusses what by all rights should be the most exciting case ever heard by any court anywhere. One of the plaintiffs is Darth... Read more

Matthew David Brozik
Posted on October 15, 2022 Copyright Law

Inside s©oop.

The other day, I received an email from a Registration Specialist, Literary Division at the U.S. Copyright Office. She’d written to ask me to submit... Read more

Posted on June 20, 2022 Fashion Law

Covering your assets.

Over the weekend, all the nerdiest news outlets reported that Volpin Props—a company that makes props and replicas “mostly videogame related,” according to the outfit’s... Read more

Matthew David Brozik
Posted on May 24, 2022 Costumes and Clothing Fashion Law

Louboutin gets the boot

In a case that has everyone seeing red — No, let me start over. And without the jokes. Because in a decision in Christian Louboutin... Read more

Posted on March 15, 2022 Genericness and Trademarks

Verb That Adjective Noun! “Google” Is Not (Yet) Generic.

It was bound to happen sooner or later—and in fact it happened back in 2012. Someone sued to have “Google” declared generic and the registration... Read more

Matthew David Brozik
Posted on February 14, 2022 Copyright Law

A Short Novel About a Girl and Her Copyright Problem

I, Matthew David Brozik, your dedicated lieutenant blawger, have written a novel. Actually, I’ve written three. And, also, this one—Taking Ivy Seriously—is really a novella,... Read more

Matthew David Brozik
Posted on December 1, 2021 Humor

Digital Analogy: Behind the Scenes of Aereo

"Judge Roberts, I remember Sputnik. I knew Sputnik. Sputnik was a friend of mine. Judge Roberts, the respondent’s system is no Sputnik." Read more

Matthew David Brozik
Posted on October 28, 2021 Law Practice and Profession

When an Issue of First Impression Makes a Bad One

Have you ever read a decision and just marveled at the apparent restraint of the judges? “Why don’t they tell this party to shut up?”... Read more

Matthew David Brozik
Posted on June 17, 2021 Entertainment Law

Caveat Animator (guest post by Brozik)

[A woman] has filed a lawsuit claiming that Disney’s animated film about [a princess, her magical sister, and their talking snowman] took elements from her... Read more

Posted on June 17, 2021 Copyright Law

ReDigi Redux: A Decision in Two Dialogues

There is a case so plainly inappropriate for a fair use defense, and this is that case. Read more

Matthew David Brozik
Posted on June 11, 2021 Entertainment Law

Looking for “Peace of Mind” (BOSTON 2)

You might recall this previous post, addressing the nascent lawsuit brought by a corporate music publisher/exploiter and its principal (plaintiffs Next Decade Entertainment, Inc. &... Read more

Posted on June 2, 2021 Fair Use

“DUMB STARBUCKS”: Grasping at laws.

Your blawger, he is conflicted. Part of me does not want to give the—ahem—geniuses behind the DUMB STARBUCKS stunt any more press, but the rest... Read more

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Ron Coleman of the DHILLON LAW GROUP

Click the pic for more information - admitted in New York and New Jersey

This blog

The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. I write here about trademark law, copyright law, brands, free speech (mostly as it relates to the Internet and social media). That may sound like a lot, but it's just a blog.

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THIS BLOG IS ONLY A BLOG, NOT LEGAL ADVICE. IT IS IN PART AN ADVERTISEMENT FOR LEGAL SERVICES BY RONALD D. COLEMAN, AN ATTORNEY ADMITTED IN NEW YORK AND NEW JERSEY ONLY, WHO IS NOT YOUR LAWYER. YOU ARE NOT HIS CLIENT. JUST WALK BESIDE HIM AND BE HIS FRIEND.

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