Civil Procedure Archives | LIKELIHOOD OF CONFUSION™

Can you ring the unrung bell? (Updated)

Posted on November 3, 2019 by Ron Coleman

Originally posted 2010-05-26 12:48:32. Republished by Blog Post PromoterLIKELIHOOD OF CONFUSION® has recently run up against the following issue in litigation and welcomes views from […]

Blogger anonymity upheld against John Doe defamation claims

Posted on October 17, 2019 by Ron Coleman

Originally posted 2013-12-31 16:08:04. Republished by Blog Post PromoterThe defendant-appellant, John Doe No.1, anonymously posted allegedly defamatory statements about the plaintiff-appellee, Cahill, on an internet […]

Blogging

Jenzabar: Blogs are sticks and stones; they hurt me.

Posted on October 17, 2019 by Ron Coleman

Originally posted 2011-05-25 15:33:56. Republished by Blog Post PromoterJenzabar, the educational software company Paul Levy and I mentioned last month (and which Overlawyered picked up) […]

Internet Law, Trademarks and trademark law

Show me the money

Posted on September 20, 2019 by Ron Coleman

Originally posted 2010-04-20 17:19:02. Republished by Blog Post PromoterCopyright is happening all over the place! Now, a slight digression from the stemwinder I’m about to […]

Fee Shifting

Likelihood of avoision

Posted on September 18, 2019 by Ron Coleman

Originally posted 2013-11-14 14:25:39. Republished by Blog Post PromoterI’m in pretty deep in a jury trial — no, not an IP case; more like an […]

Licensing

When copyrights aren’t a federal case

Posted on August 9, 2018 by Ron Coleman

Can copyright disputes ever be litigated in state court? It’s generally understood that the federal courts have exclusive jurisdiction over copyright claims, in contrast to […]

Licensing

Going Wayback… and it’s out of here!

Posted on June 6, 2017 by Ron Coleman

Originally posted 2012-02-09 13:59:20. Republished by Blog Post PromoterThe TTABlog writes about a recent TTAB decision rejecting “Wayback Machine” data as evidence: The Board observed […]

Litigation

The litigation of art

Posted on December 31, 2015 by Raymond J. Dowd

Originally posted 2010-11-09 10:15:18. Republished by Blog Post PromoterThe Second Circuit has scheduled oral argument on December 8 at 10 a.m. at the U.S. Courthouse […]

LIKELIHOOD OF CONFUSION®

Not a good e-discovery strategy

Posted on December 9, 2014 by Ron Coleman

Lavi Soloway writes (hat tip to Above the Law) regarding the extremely un-white-shoe discrimination litigation in New York County between former Sullivan & Cromwell associate […]

Everything else

Getting the timing right on copyright registrations

Posted on September 16, 2014 by Ron Coleman

Marty Schwimmer: IDEA v PETA (SDNY August 298 2009): Plaintiff, no doubt aware that statutory damages are only available for post-registration copyright infringements that are […]

Pick your poison

Posted on January 3, 2014 by Ron Coleman

Is it infringement or a breach of contract? Is it a license or an assignment? Well, whatever it is, it’s a little complicated, and Pamela […]

Brand Management and Branding, Trademarks and trademark law

Jus good enough?

Posted on October 18, 2012 by Ron Coleman

Property, intangible: “Jus tertii” – Wikipedia says Latin for “third party rights” – is a claim by a defendant that someone else has rights superior […]

Trademarks and trademark law

Where there’s smokes

Posted on April 9, 2012 by Ron Coleman

The Denver Post reports a very interesting, and for trademark plaintiffs very troubling, decision that the Supreme Court has refused to review. It has to […]

Counterfeiting & Piracy

Oh, won’t you stay?

Posted on July 27, 2010 by Ron Coleman

Say you will? The judge politely declined, actually — per our suggestion. Read all about the happy outcome, and other yeoman work from the self-promotion-with-dignity […]

Patents