Document review
Where to start, where to start… At the beginning, I guess. Though not in chronological order. LIKELY2CONFUSE00001: I wrote a post on the subject of... Read more
Category: Genericness and Trademarks
Booking.com and genericness
The U.S. Supreme Court announced earlier this month that it will hear the Booking.com trademark case in the new year. Booking.com BV, owner of the... Read more
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
Best of 2012: Apostrophe now
Originally published October 11, 2012. Via Courthouse News, a report of a trademark lawsuit that I’d think was merely “apostrophal” if not for the fact... Read more
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
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
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
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
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
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
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
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
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
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