If infringement falls in a forest….
Can there be “infringement” of a trademark without confusion? As she is so apt to do, and to do so well, Pamela Chestek asks that... Read more
Category: Likelihood of Confusion
Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again)
[Revised — RDC.] Congratulations to Richard K. Kirkpatrick of Pilsbury Winthrop, who has — through the Practising Law Institute — has come out with the... Read more
PissedConsumer.com: Ascentive v. Opinion Corp.
I try to tread lightly with respect to blogging about cases I’m involved with, but there’s not much question that the December 13, 2011 Eastern... Read more
INTA on Initial Interest Confusion
The work of my INTA subcommittee, on an issue raised by me (and followed through on mostly by others): INTA – Initial Interest Confusion September... Read more
B&B Hardware: The TTAB, the trademark bloggers and the likelihood of preclusion (Updated)
A trademark case involving LIKELIHOOD OF CONFUSION (the legal thing, not the fun blog) got unusual Supreme Court attention last week, as you doubtless know by... Read more
Yelp for evidence
Anonymous online comments as proof of a LIKELIHOOD OF CONFUSION at the preliminary injunction stage? Evan Brown explains: In a trademark case between competing health clubs,... Read more
Candy-coated popcorn, peanuts and a prize! That’s what you get from —
Roller derby! Quinn Heraty reports on the trademark battle to make us forget SPAM v. Spamarrest — the CRACKERJACK derby: Frito-Lay has filed an opposition... Read more
Upper crust – the POCKET SANDWICHES croissants saga (Part 1 of 2)
Letters, we get letters. Sometimes people just want to share their trademark woes with me. Sometimes they want free advice, or cheap advice, or just... Read more
What a Croc!
I don’t report on every dumb trademark lawsuit, because the really goofy ones involving famous companies usually end up getting mainstream press and big-time blog... Read more
B&B Hardware: Beyond Nuts and Bolts
I’d promised I’d wait on this, but I couldn’t, and you’ll see why. Here’s my take on today’s Supreme Court decision in B&B Hardware v. Hargis... Read more
The law on initial interest confusion: Interestingly confusing
Oh joy, 9th Cir. embraces initial interest confusion again http://t.co/3Zaqg3DuQd Bad ruling over Amazon’s internal search. I’ll blog soon — Eric Goldman (@ericgoldman) July 6,... Read more
The Second Circuit’s Jaw Drops…
When a court observes that “the logos employed in Plaintiff’s and Defendant’s marks are jaw-droppingly similar—nearly identical not only in conception but also… in the... Read more
Judge: Test is likelihood of confusion, not mere use, not initial interest
From the New York Law Journal (subscription required): A federal judge has refused to grant a preliminary injunction against a restaurant workers’ group that used... Read more
Trademark, trademark, trademark!
In February, 2011 I wrote about Trademark™, a design studio with the domain name www.trademark-trademark.com. I was looking to refer back to that post because I wanted... Read more