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LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

  • Home
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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
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    • IP Overreaching
IP Overreaching

Vain reaction

Ron Coleman Feb 24, 2023 0 Comments

The first two-thirds of this video is a story about a fundamental misunderstanding about what intellectual property is, in the sense of intellectual property that can legally “protected” (i.e., monopolized).…

IP Overreaching

The more things change…

Ron Coleman Sep 20, 2019 0 Comments

The more they stay the same. This could be a story from 15 years ago, or any of a number of posts on this blog from its earliest days: Their…

IP Overreaching

Trademarks: Famous is as famous does

Ron Coleman Sep 6, 2018 1 Comments

My latest paper offers a simple idea to get trademark owners to stop suing parodists, satirists, and other expressive users: make evidence of such independent referential uses of a mark…

IP Overreaching

The super bowl of SUPER BOWL®s

Ron Coleman Jan 26, 2018 2 Comments

I used to have the Super Bowl® trademark gig all to myself. The last post I did was in 2015, when I chided Consumer Reports for (rather irresponsibly, considering it’s…

IP Overreaching

Not the swiftest

Ron Coleman Sep 25, 2017 2 Comments

It is so tiring. But that, to some extent, is what they’re counting on. Taylor Swift abusing trademark, again, of course. And everyone else not understanding that the nature of…

IP Overreaching

Bentley gets stuck in reverse

Ron Coleman Apr 4, 2017 1 Comments

I hardly ever write about trademark things from other countries, including the Mother Country. But this UK story seemed like a good trademarks / brand equity / life-comes-at-you-fast object lesson…

IP Overreaching

The stupid Berns

Ron Coleman Apr 15, 2016 1 Comments

IP overreaching, like politics and intellectual property, makes strange bedfellows. Thus the email from my comrade in litigation against IP overreach, but at the same time my political antithesis, and…

IP Overreaching

We’ve got a bigger problem now

Ron Coleman Oct 28, 2015 0 Comments

Orwell Estate Sends Copyright Takedown Over the Number “1984” – TorrentFreak https://t.co/eKgwHmhXmf — TrademarkBlog (@TrademarkBlog) October 27, 2015 It’s like something out of 1984! Where to start? Where to begin?…

IP Overreaching

Best of 2005: Culture Killers or Pains in the Neck?

Ron Coleman Jan 14, 2015 0 Comments

First posted on February 17, 2005. Wired reports on a new book whose thrust, evidently, aligns decently well with my own little personal views (and not just mine): Brand Name…

IP Overreaching

Best of 2014: IP’s Ancien Régime

Ron Coleman Dec 24, 2014 0 Comments

First posted on April 2, 2014. Instapundit linked to an abstract of a law journal article called “IP in a World Without Scarcity” by Mark Lemley at Stanford. Fun fact…

IP Overreaching

Is PRIDE property? (UPDATED)

Ron Coleman Jun 14, 2014 2 Comments

Group claims trademark rights in NYC PRIDE, sues competing promoters for using the phrase during NYC’s “Pride Month.” Plaintiff’s complaint and moving papers at this link. Defendants’ response here: UPDATE:…

IP Overreaching

Hacker Scouts? Yeah, Hacker Scouts! – UPDATED

Ron Coleman Aug 20, 2013 15 Comments

It’s like, this, see: The Hacker Scouts is an organization “that focuses on STEAM (science, technology, engineering, art, and math) education, skill building and community engagement with the aspiration to…

IP Overreaching

One I lost: Guggenheim Capital vs. Little Old Man

Ron Coleman Jul 25, 2013 0 Comments

It’s an appeal that I lost, the one on behalf of David Birnbaum, who was ordered by a court not to use his family name, Guggenheim … Yes, it’s complicated,…

IP Overreaching

Lacklihood of Confusion.

Matthew David Brozik Jul 18, 2013 2 Comments

Every so often, someone or other submits papers to a court that are a pleasure to read, often because the papers show such a firm grasp on both facts and…

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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.

This is attorney advertising. Lawyer Ronald D. Coleman is admitted to practice in New York and New Jersey.

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