Tiffany v. Costco: Not dead yet
Ron ColemanWow. Remember Tiffany v. Costco? Of course you do. Well, now this: This is a big deal. I did think summary judgment was a bit much, and I said so.…
Strong to save
Everyone knows that distinctiveness can be inherent or acquired, and that some kinds of trademarks — product-configuration trade dress, notably — can “never” be inherently distinctive. But not everyone knows…
The Second Circuit’s Jaw Drops…
Matthew David BrozikWhen 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 great majority of the fine…
Multi Time Machine v. Amazon: SCOTUS not interested, initially or otherwise
Sad, bad and not unexpected news via the Cert Pool Blog: There will be no Supreme Court review of Multi Time Machine, Inc. v. Amazon.com, Inc., et al., 792 F.…
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 question in this post, entitled…
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, 2015 Ah, my old friend…
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 Industries Inc., which —…
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 now. Good summary here…
Best of 2013: Yelp for evidence
Originally published on March 5, 2013. Anonymous online comments as proof of a LIKELIHOOD OF CONFUSION at the preliminary injunction stage? Evan Brown explains: In a trademark case between competing…
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, the court considered a…
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 that that august publication says…
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 to link to…
Apostrophe now
Via Courthouse News, a report of a trademark lawsuit that I’d think were merely “apostrophal” if not for the fact that that august publication says it’s for real — and…
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 District of New York opinion…