LIKELIHOOD OF CONFUSION®

2006 Technology & Computer Law Conference (NJ)

I will be part of a panel, along with a number of distinguished colleagues, at the above-named program of New Jersey’s Institute for Continuing Legal Education, presented in cooperation with the N.J. State Bar Association‘s Internet and Computer Law Committee (of which I am a member) and the same association’s Entertainment, Arts & Sports Law Section. Whew. I’ll be speaking on the topic of developments in Internet-related trademark law. It’s in New Brunswick, New Jersey….

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‘Crazy’ or just wishful thinking?

An attempt to sell the famous (to New Yorkers) Crazy Eddie trademark on eBay was manifestly unsuccesful, it seems. It’s a serious question what you’d be buying if you could find some reason to buy the Crazy Eddie mark (the Buy It Now price was $800,000 and the high bid was a little more than $30,000), because this seems as much like a “naked assignment” or “assignment in gross” of a trademark — i.e., a... Read more

Swingin’ with the PTO

Timothy Noah writes in the (awfully redesigned) Slate: Looking back from the 22nd century, future historians will marvel at the current era’s obsession with extending intellectual property rights well past any reasonable limit. Well, not if they read this blog! The piece is about a patent granted to a five-year old child for the “business process” of swinging. Swinging. On a swing. In a playground. I guess it’s all about the altitude — or the... Read more

I’m still here…

… just a little over there, to the right. I’ve wound down the operation of the Coleman Law Firm and become a partner at the New York firm of Bragar, Wexler & Eagel, PC. It’s been fairly all consuming lately, so I hope you will not give up on Likelihood of Confusion. I should be back to blogging this week. Read more

Free speech for me, not for thee

Protest Warrior reports about the left-winger who took cyber-protest too far: On May 23, 2006, a grand jury at the U.S. District Court in Illinois handed down an indictment against Jeremy Alexander Hammond for hacking into the ProtestWarrior server. The indictment reads in part, “Between January and February 2005, defendant HAMMOND accessed ProtestWarrior.com’s server without authority on multiple occasions in an effort to obtain information not otherwise available to him or the general public, specifically... Read more

India, Scotland in same news story: Must be trademark law

Two of the least probable Commonwealth countries* slug it out! The AP reports: An Indian court has ruled that Indian whiskey manufacturers cannot use the words Scot or Scotch to describe their products, in compliance with World Trade Organization rules, a newspaper reported Monday. Indian plans its own genteel revenge (think Darjeeling tea). It’s a big setback for “Red Scot” (the Indian scotch brand), considering that, as the (real) Scotsman reports, “Analysts believe the Indian... Read more

Trumpmark®

Does it get any better/ worse than this? The Smoking Gun reports: Fearful of a dilution of his powerful brand, Donald Trump is fighting his ex-wife Ivana’s bid to trademark [register as a trademark] her name for use in the real estate business. U.S. Patent and Trademark Office records show that Trump recently lodged a formal opposition to his former wife’s application to trademark [register] the term “Ivana Trump.” “Trademark Guy” Owen Smigelski has more. ... Read more

Hero or…

By now you’ve heard that Muhammed Ali has sold the rights to exploit his once-platinum name and fame for $50 million. It’s a little late in the game for The Greatest, I suppose, but why not? Here’s a trademark-and-branding sub-angle to the story, though, that really has me scratching my head: Mr. Ali, through affiliates, will retain a 20% interest in the business, which will be operated through a newly formed company named G.O.A.T. LLC.... Read more

SCOTUS to hear landmark eBay patent case

From Reuters: The U.S. Supreme Court on Wednesday will hear arguments in a patent case involving online auctioneer eBay Inc. that is part of a wider struggle between the software and pharmaceutical industries over the future of the U.S. patent system. Lawyers for eBay and small e-commerce company MercExchange will square off over whether eBay should be barred from using its popular “Buy it Now” feature, which infringes on two MercExchange patents. This is of... Read more