LIKELIHOOD OF CONFUSION®

Eating my words

I do it sometimes. In my case, they’re particularly tasty, and sometimes even tasteful. Definitely not tasteful, not tasty — not even edible, if “kosher” means anything (which judges refuse to admit it does). And why do I have to eat my words? The case involves the unauthorized use of the Kof-K* kosher symbol (a certification mark) by a dirty-movie maker. He put the mark on the cover of his ethnically-oriented dirty movie. “Perhaps a…

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Taking “IP piracy” seriously

A website called The Local reports: Swedish file-sharing website The Pirate Bay is planning to buy its own nation in an attempt to circumvent international copyright laws. The group has set up a campaign to raise money to buy Sealand, a former British naval platform in the North Sea that has been designated a ‘micronation’, and claims to be outside the jurisdiction of the UK or any other country. Shiver me timbers! No scallywag ever... Read more

Cisco sues Apple over use of IPhone name

Go figure. Unlike G. Matthew Lombard I did see fit to address this story, however little, before; and now, unlike me, Matthew’s giving it some serious attention.  His post is worth reading.  From a straightforward trademark law point of view, check this: An Apple spokeswoman has reportedly said, “There are already several companies using the iPhone name for VoIP products. We’re the first company ever to use iPhone for a cell phone. If Cisco wants... Read more

Reminder: Corporations and blogging seminar in Philadelphia

(Repeated from an earlier post) Fox Rothschild partner, and my former college-hijinx-mate Bob Clothier sends along news of this event at Philadelphia University. If you’re anywhere near Philly you should consider attending, and you may want to urge clients (it’s really geared to non-lawyers) to look into it as well. Here’s the rundown: January 10, 2007 9 a.m. to 4:30 p.m. A one-day seminar at Philadelphia University Catch Up on Web 2.0 for Business A... Read more

Blogger transparency mandated by FTC

News report: A company that helps advertisers connect with bloggers willing to write about their products for payment will now require disclosures amid criticism and a regulatory threat. Before this week, advertisers were barred by PayPerPost Inc. from telling bloggers they can’t disclose the sponsorship, but bloggers were able to decide on their own whether or not to do so. Under the new policy, bloggers must disclose that they are accepting payment, either in the... Read more

Laugh a little!

I’m doing a mini-roundup of some of my blogroll friends, because I can. Looking for some of the odder entries of the week. Keeping the networking fresh. Writing, in other words, filler. First, I said laugh “a little.” We’re talking about Canadians, after all. But now that our expectations are in properly in check, we can click Sander Gelsing’s mini-roundup of mirthful trademark applications of the northlands. Then take a look at the Strategic Name... Read more

Trademark City

The Strategic Name Development blog reports that the naming rights to the New York Mets’ new baseball stadium have been sold to Citigroup. The stadium will be called “CitiField” and the privilege of that garish plug will cost Citigroup $20 million a year, or the cost of a grade-A free agent. The blog post has a great rundown on alternative “Citi” names that were considered, as well as a roundup of back-page and other learned... Read more

Hobnobbing with the power boys

We’ve been blogrolled by the Hobnobblog (three b’s there), a commercial blog for The Capitol Net, a company that does Washingtonish things.  I don’t look down my nose at any blogrolling; it’s an excellent form of networking that does not harm the environment or encourage extremism.  But this one I am having some trouble figuring out.  Which is typical of most Washingtonish things.  Thanks for adding me, you — you — Hobnobblog. Read more

Last chance to save democracy, LIKELIHOOD OF CONFUSION

I know, I know — redundant. So in that spirit, I am reprinting part of what I wrote about this a couple of weeks ago, because comments close on the 15th of November and, what do you know, it’s already the tenth: Public Citizen’s CL&P (Consumer Law and Policy) Blog wrote in September that New York is considering draconian advertising rules that would essentially make it impossible for lawyers to maintain blogs. I am excerpting... Read more

Love is blue. Litigation is love. Litigation is war. Love is war. War is Blue.

The fallacy, of course, is not only in affirming the consequent plus no small amount of equivocation, but in the probable falsehood of the second link in the chain to which only a few fortunate ones among us subscribe. Still and all, you can’t get a better introduction to this masterpiece of the civil procedural arts, a Seventh Circuit dissection of poorly litigated and poorly adjudicated motion practice all ado over a poorly drafted settlement... Read more

Stolen post.

Is Counterfeit Chic the best soft IP blog out there? It might be. Susan Scafidi blows me away, and this post — nicked per her instructions (we call that a license, right, Susan? — but, whither quality control?) is just one example why. Susan doesn’t only cover the trademark counterfeiting territory like a blanket, she does it with literary skill, wit and excellent legal analysis. Counterfeit Chic is required reading. UPDATE: All that and the... Read more

China may roll back blog anonymity

I wrote a few weeks ago that perhaps the most compelling novelty of the power of the Internet is not the virtual absence of barriers to entry to the market of communications. Rather, it is the fact that this aspect of transparency is paradoxically paired with an historic power to communicate without personal accountability for what you say or how it affects others. In other words, you can publish for free, and to everyone, and... Read more