Copyright Law

Schadenfreude hits a new high

You are now reading the only sentence I’m writing in this, the first-ever “no comment,” utterly self-explanatory (besides these introductory words) post on LIKELIHOOD OF CONFUSION® — via a site called Hyperallergic: In December, documentary photographer Carol Highsmith received a letter from Getty Images accusing her of copyright infringement for featuring one of her own photographs on her own website. It demanded payment of $120. This was how Highsmith came to learn that stock photo agencies…

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Sealed with a fist

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have superior options for utilization of public resources.  But here’s a topper:  The FBI has written to Wikipedia demanding that the online reference work remove its photograph of the Bureau’s seal.  Huh? Here’s the FBI’s letter: It has come to our attention that the FBI seal is posted, without... Read more

Southern District of New York

Sorry you’re sick. But virus the money

A recent decision out of SDNY rejects defendants’ claim that “inability” to pay on a consent judgment “due to” financial difficulties arising from COVID-19 translates to the defense of legal “impossibility” https://wp.me/p82CaO-9B, explains @SilberLaw: Asserting the impossibility defense, held the Judge, is only available when performance is rendered “‘objectively impossible’” by an unforeseen event that could not be anticipated. . . With this, while the defendants’ “financial difficulties arising out of COVID-19 and the PAUSE... Read more

Best of 2011: “Life rights”? (Making things with life?)

First posted May 23, 2011. Pittsburgh Trademark Lawyer Daniel Corbett brings us an NBA star’s attempt at a four-point shot: Post-relationship drama takes many forms, but federal court litigation under the Lanham Act isn’t typically one of them– unless you’re Miami Heat forward Chris Bosh.  Bosh recently filed suit against the producer of VH1′s “Basketball Wives,” which, as Bosh correctly notes, comprises about as many ex-wives and/or girlfriends as it does “basketball wives” in the term’s... Read more

Trademark infringement: Just say no

Trademark litigators and enforcement people (especially in anticounterfeiting) frequently analogize to the War on Drugs. You can’t really ever stop the flow of fake Vuitton bags, but there’s supposedly some value in achieving token victories over the “kingpins.” Here’s a new and somewhat less practical angle on that analogy: MSNBC.com reports on Hershey’s kiss of litigation to a guy who tried to combine two, er, “great tastes” — cannabinoids and The Munchies — in one... Read more

Tens years of Overlawyering

Overlawyered turns 10.  Congratulations!  There was really blogging ten years ago? I didn’t miss the anniversary.  I just didn’t want to be accused of cadging for a link. Originally posted 2014-11-19 12:24:00. Republished by Blog Post Promoter Read more

WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law?

I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such as this one, about an important decision involving the LIKELIHOOD OF CONFUSION between a “nationally advertised brand” — Zyrtec, the allergy medication — and a store brand, in this case Walgreens’ WAL-ZYR: The Board sustained this Section 2(d) opposition to registration of the mark WAL-ZYR for ““pharmaceuticals, namely, allergy medications,” finding the... Read more

Three’s a charm

Today marks the third “blogiversary” (ugh!) of LIKELIHOOD OF CONFUSION®! Kudos to bRight & Early blog for reminding me by linking here, and, as I explained last year, to Dean Esmay. It’s been a very good year for the blog. Not only has traffic grown, but so has the quality of links from within and without the legal profession, plus we were also recognized both by the ABA (there’s still time to vote… but vote... Read more

Secondary liability conference Stanford thing

What if they called a conference on secondary liability on the Internet and no one told … well, me? It happens.  I mean, that people could forget to tell me.  Imagine!  Whether the symposium itself really happened, well, there is a lot of circumstantial evidence.  Al I’m saying is I just can’t swear to it myself.  Nor could I fly to it myself because no one invited me, me, me! But evidently in March of... Read more

Let it flow

The Invent Blog® reports on the latest fashion (and maybe a good idea) for IP lawyers: Flowcharts on IP for Clients to help them understand the options and contingencies before them. Good for clients; good for lawyers… if they’re done right. Originally posted 2012-01-20 09:32:50. Republished by Blog Post Promoter Read more

Madden ’nuff

Here’s a guy who just may be in for some serious money! So, what magic words can resurrect a potentially multi-million-dollar copyright lawsuit from a statute of limitations bar?  “They lied!” Daniel Davidson explains regarding a suit against gaming giant Electronic Arts over the IP powering its famous Madden NFL franchise: The iconic game that has caused millions of men to disregard the women in their life and convince them that they could replace the likes... Read more