Best of 2010: Dough, a dear
First posted August 11, 2010. The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the... Read more
Tag: Dilution
Dough, a dear
The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the Pillsbury Doughboy — would act... Read more
Best of 2010: Foul ball?
First published on March 2, 2010. Louis Vuitton Malletier and its lawyers demonstrate how to make sure a few seconds of what they say is... Read more
Trademarks: Famous is as famous does
My latest paper offers a simple idea to get trademark owners to stop suing parodists, satirists, and other expressive users: make evidence of such independent... Read more
The Empire strikes back (Best of 2016)
First posted July 5, 2016. Via the Duets Blog, a trademark resolution that has been building for far too long: It is not easy to... Read more
The Empire strikes back
Via the Duets Blog, a trademark resolution that has been building for far too long: It is not easy to establish fame for purposes of... Read more
Inducement to contribute to infringe … to roll on
Michael Atkins: Novel causes of action for contributory cybersquatting and contributory dilution appear to viable here in the Western District [of Washington]. On Jan. 12,... Read more
Sing, sing, sing!
John Welch suggests the musical question, “How is Section 2(a) false association like 43(c) dilution protection?” Great question. In other words, are the famous —... Read more
Char’ed, I’m sure (updated, again, November 2013)
Updated version of the post first found here on December 8, 2009. Poor Starbucks. So much trademark trouble they have! Other trouble, too. And now... Read more
Creeping famous-mark-ism
The TTABlog comments on a TTAB decision finding, not surprisingly, that two similar looking trademarks are likely to be confused, but raises a key point... Read more
Foul ball?
[stextbox id=”alert”] UPDATE: Per Marty Schwimmer: Hyundai ran a commercial with humorous depictions of what it would be like if luxury items were widely available.... Read more
Comments from another blog; or, Did I get chocolate in Marty’s peanut butter?
Via Marty Schwimmer’s Trademark Blog: Marty, you got peanut butter in my chocolate! You’re considering the respective design and layout choices in isolation, seriatim, rather... Read more
One cease and desist letter I won’t be sending
The AP reports that Disney could have some IP issues in a jurisdiction where, regrettably, I am not licensed to practice. Or to breathe: Hamas... Read more