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Category: Genericness and Trademarks

Joel MacMull
Posted on December 26, 2022 Genericness and Trademarks

Booking.com and genericness

[stextbox id=”info” caption=”Joel MacMull of Mandelbaum Salsburg” image=”https://www.likelihoodofconfusion.com/wp-content/uploads/Joel-MacMull-e1575392890760.png”]My partner Joel MacMull and I have spent a lot of time thinking, speaking about and litigating the... Read more

white printer paper on white table
Posted on August 28, 2022September 8, 2022 Genericness and Trademarks

No one Timesing this story?

The New York Times gets it… Very, very good, as Evan Brown and I said three years ago almost to the day.  Hey, look, they’re... 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

Posted on June 29, 2021 Genericness and Trademarks

Back from the void

In trademarks, generic is generic is generic.  That’s what makes it generic. But there’s a difference between a would-be trademark that is born generic and... Read more

Hershey muffin pan
Posted on June 17, 2021 Genericness and Trademarks

Kissing trademark rights goodbye?

Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment... Read more

Posted on June 17, 2021 Genericness and Trademarks

To Photoshop; perchance, to Google

p0ps blog quotes Adobe: “The Photoshop trademark must never be used as a common verb or as a noun. The Photoshop trademark should always be... Read more

Posted on June 17, 2021 Genericness and Trademarks

Best of 2012: Bates and hooks

[stextbox id=”info”]Originally posted on June 5, 2012, this may be the best post of all of 2012, and maybe ever, on LIKELIHOOD OF CONFUSION® or any... Read more

Posted on June 2, 2021 Genericness and Trademarks

Bates and hooks

Bates numbering, that is. As a litigator, I’ve been living with Bates-numbering, or Bates-stamping, for over 20 years.  (I’m not the only one!)  I have... Read more

Posted on May 28, 2021 Genericness and Trademarks

NYIPLA Amicus Brief – Booking.com

This week, the New York Intellectual Property Law filed this amicus brief in the Booking.com case before the SCOTUS. I helped (a little). These are... Read more

Posted on May 28, 2021October 11, 2021 Genericness and Trademarks

When Dot Com really can make a trademark

In an important new ruling, Booking.com B.V. v. Matal, the U.S. District Court for the Eastern District of Virginia — on an appeal from the PTO under... Read more

Posted on May 25, 2021 Genericness and Trademarks

The new generic

It is no longer the case that the appearance of your brand in the dictionary spells its doom as a protectable trademark. Read more

Posted on May 24, 2021 Genericness and Trademarks

American Red Cross lands right cross against J&J

Johnson & Johnson started it. The Red Cross wins it: A federal judge last night ruled against Johnson & Johnson (J&J) in its suit to... Read more

Posted on May 24, 2021May 28, 2021 Genericness and Trademarks

Dare me!

If there were ever a must-read Trademark Trial and Appeal Board opinion explaining whether a mark is “merely descriptive” or eligible for registration, In re... Read more

Posted on March 26, 2021 Genericness and Trademarks

Best of 2008: MasterCard card. Card card. Card.

First posted December 17th, 2008. A reader writes to New York Times Q&A guy Stuart Elliot with a question that’s on a lot minds:  What’s... 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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