LIKELIHOOD OF CONFUSION®

“You an esquire?”

“Who wants to know?,” I didn’t ask. Young, slim guy sitting next to me on the E train just looks at me and asks hey, “you an esquire”? That obvious huh. An “esquire.” Yeah, sure. “Quick question.” > pic.twitter.com/8Y4exBgSy3 — Ron Coleman (@RonColeman) September 10, 2019 But I told him what my… understanding was. And that I understood he was asking for a friend. His station then came and he got up. A wink from…

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Anti-Sedition Act At Risk on New Supreme Court

Via Committee for Justice, the Wall Street Journal reports (sub. required; the article is however reprinted in whole at the Committee for Justice link) Bush Picks May Tip Court Against McCain-Feingold. This is reason to go on living if you like the First Amendment at all. Says the Journal: Campaign-finance cases have revealed a philosophical split on the court, with more conservative justices, such as Antonin Scalia, considering political expenditures the functional equivalent of speech,... Read more

“Tolerated use”

Tim Wu (via Glenn Reynolds) says that we have to deal with the fuzzy logic of copyright enforcement in order properly to understand how copyright is, and perhaps should be, realistically enforced: “Tolerated use” is a term that refers to the contemporary spread of technically infringing, but nonetheless tolerated use of copyrighted works. Such patterns of mass infringement have occurred before in copyright history, though perhaps not on the same scale, and have usually been... Read more

“Infinity Dollars”: IP damages and the jury, Part 1

A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about.  They are not supposed to be a windfall (discussed more here).  But just tell that to the jury that awarded “infinity dollars” — practically — to the Lords of Music for what was indeed knowing copyright infringement of two dozen songs, and to the person on whose head the jury just laid that award. I’m... Read more

Occupying trademark

So eventually all the “big trademark stories” catch up to you, even if you try to avoid them as you would try to avoid … certain assemblies of people in certain locations. Paul Elias of the Associated Press asked me what I thought about the OCCUPY WALL STREET trademark application, and that turned into this story in the Washington Post: [Wylie] Stecklow, the attorney for the protesters, says he believed his clients will prevail because... Read more

My Periscope with Adam Townsend

?LIVE: Discussing social media, the suppression of dissent and legal asymmetrical warfare with lawyer @RonColeman Please join us now and please ask questions ? https://t.co/wmGADwGT31 — Adam Townsend (@adamscrabble) September 3, 2020 Originally posted 2020-09-02 22:21:10. Republished by Blog Post Promoter Read more

A lawyer’s day

(This was originally posted on my old Likelihood of Success blog, which is no longer on line. — RDC) Shoe shine So far, so good. I had two early court dates this morning, in two cases where I represent plaintiffs in trademark infringements. Amazingly, and quite coincidentally, they were scheduled an hour apart in the same courthouse, the U.S. District Court for the Southern District of New York in Manhattan. So in addition to the... Read more

Tide, logic turn on eBay counterfeit cases

Choose the quote that was actually attributed to a leading business magazine: “Ford shoulders too much of the burden, its ability to wring a profit from the sales of cars with easily-ignited gas tanks could be compromised,” wrote BusinessWeek. “If the financial institutions shoulder too much of the burden, their ability to wring a profit from the fees and interest generated by money laundering could be compromised,” wrote BusinessWeek. “If the Web companies shoulder too... Read more

Centerfield: Blog Name Theft

Very interesting brouhaha beginning over on the Center Field blog published by a group of self-described political centrists. (I had hoped it would feature commentary by Andruw Jones and Bernie Williams.) The question is the same one everyone has asked himself when registering for his first ever blog:  What if someone steals a blog name? Bob Cox of the Media Bloggers Association asked me to weigh in semi-officially on the Centerfield: Blog Name Theft colloquy.... Read more

Yes, Virginia, domain names do matter

That’s one thing I learned at the New York Intellectual Property Law Association’s “Hot Topics in” all kinds of stuff CLE seminar last Wednesday, July 17th, from Marty Schwimmer. I learned other hot topic stuff from other people, and I will write about them later.  But endorsing the recency effect over the primacy effect, I will start with the talk by the Trademark Blogger.  Marty’s PowerPoint is here. One of the great things about Marty’s... Read more

Hershey muffin pan

Kissing trademark rights goodbye?

Eric Johnson‘s Pixelization blog has a sweet insight into a sticky trademark mess that Hershey’s could be, theoretically, getting itself into: It’s a Hershey’s-brand three-compartment silicone muffin pan. When you bake muffins in this pan, they come out – adorably, of course – in the shape of oversized Hershey’s chocolate bars – complete with the Hershey’s name and logo intaglioed in the shape of the finished muffin. The imprint of the Hershey’s name and logo... Read more