Descriptiveness Archives | LIKELIHOOD OF CONFUSION™

Web 2.0, but nothing’s changed

Posted on October 17, 2019 by Ron Coleman

Originally posted 2010-01-28 17:52:48. Republished by Blog Post PromoterRemember the silliness over the attempt by a certain attorney to secure trademark rights for CYBERLAWYER? The […]

Trademarks and trademark law

The generic agony of defeat

Posted on September 20, 2019 by Ron Coleman

Originally posted 2010-02-11 00:02:00. Republished by Blog Post PromoterThe best LIKELIHOOD OF CONFUSION® blog item title ever was evidently wasted — and I’m sorry I […]

Trademarks and trademark law

Never trust a hippie?

Posted on February 24, 2015 by Ron Coleman

For years I’ve been kvetching here about the phenomenon of municipal overreach on intellectual property claims, whether it’s catchphrases with no particular geographic association; transit line symbols […]

Places - Geographical Descriptions and Trademarks

How to describe a Catch 22

Posted on May 29, 2014 by Ron Coleman

Michael Hall considers the PTO’s “Heads I Win, Tails You Lose” policy, by which it uses trademark registrations as evidence to refuse new applications on […]

Uncategorized

Likelihood of — well, no, actually. Not.

Posted on August 21, 2013 by Ron Coleman

At least in some parts of the country, LIKELIHOOD OF CONFUSION is something judges actually sometimes don’t find. Out there, for example. No, the other […]

Trademarks and trademark law

The not so bright line

Posted on May 13, 2013 by Ron Coleman

The preamble of the Lanham Act Section 2 is followed by six lower-case–lettered sections, the fifth of which contains four separately numbered “grounds” on which it […]

Genericness and Trademarks

I’m a CYBERLAWYER, too!

Posted on April 16, 2013 by Ron Coleman

Slashdot: BigTimOBrien writes to mention the EFF is reporting that self-proclaimed cyberlawyer, Eric Menhart, has decided to trademark use of the term “cyberlaw” and is […]

Brand Management and Branding, Trademarks and trademark law

How generic is your cupcakery? Or is it CUPCAKERY™ after all?

Posted on March 29, 2013 by Ron Coleman

From Ryan Gile: Is CUPCAKERY a generic term for a cupcake bakery? At first, the word “cupcakery” seems somewhat suggestive–a unique play on the words […]

Brand Management and Branding, Trademarks and trademark law

Gadget goes gonzo

Posted on September 27, 2011 by Ron Coleman

Updated (see below) in September, 2011: Firefly Digital explains the vision behind their, um, trademarks — including the one they claim a little outfit called […]

Stealing the Language

Best of 2010: The generic agony of defeat

Posted on December 21, 2010 by Ron Coleman

First published on February 11, 2010. The best LIKELIHOOD OF CONFUSION® blog item title ever was evidently wasted — and I’m sorry I didn’t keep […]

Trademarks and trademark law