How to describe a Catch 22
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... Read more
Tag: Descriptiveness
How generic is your cupcakery? Or is it CUPCAKERY™ after all?
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... Read more
The generic agony of defeat
The best LIKELIHOOD OF CONFUSION® blog item title ever was evidently wasted — and I’m sorry I didn’t keep you quite so up to date... Read more
Web 2.0, but nothing’s changed
Remember the silliness over the attempt by a certain attorney to secure trademark rights for CYBERLAWYER? The notable part about how that went down was... Read more
Never trust a hippie?
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... Read more
Likelihood of — well, no, actually. Not.
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... Read more
The not so bright line
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... Read more
I’m a CYBERLAWYER, too!
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... Read more
Gadget goes gonzo
Updated (see below) in September, 2011: Firefly Digital explains the vision behind their, um, trademarks — including the one they claim a little outfit called... Read more
Best of 2010: The generic agony of defeat
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... Read more