Distinctiveness Archives | LIKELIHOOD OF CONFUSION™

The Trademark Singularity: Part 1

Posted on February 20, 2020 by Ron Coleman

Well, trademark use is all the rage in trademark thinking and commentary now, and well it should be. It goes, after all, to the heart […]

Use as a Trademark

In a family way

Posted on November 1, 2019 by Ron Coleman

Originally posted 2010-11-11 23:59:08. Republished by Blog Post PromoterI’ve written, as is my wont, at great length regarding my skepticism about the “family of trademarks” […]

Trademarks and trademark law

I rate! And I float!

Posted on October 30, 2019 by Ron Coleman

Originally posted 2010-12-31 16:16:04. Republished by Blog Post Promoter Got my genuine, secondary – meaning – generating TTABlog Floating Key Chain in the mail yesterday […]

Uncategorized

Best of 2010: Dough, a dear

Posted on October 17, 2019 by Ron Coleman

Originally posted 2015-09-16 11:45:45. Republished by Blog Post PromoterFirst posted August 11, 2010. The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who […]

Brand Management and Branding

Trademark attorneys shaken AND stirred over Walther product configuration TM ruling

Posted on October 17, 2019 by Ron Coleman

Originally posted 2010-10-29 06:01:21. Republished by Blog Post PromoterWho says the Commissioner of Trademarks is “Dr. No”? To the contrary, some trademark registration applications Only […]

Trademarks and trademark law

Lapping up the trademark law

Posted on October 17, 2019 by Ron Coleman

Originally posted 2016-08-25 12:34:36. Republished by Blog Post PromoterThe question: Trade Dress Trick Question: Is this laptop shape #distinctive?#trademarks pic.twitter.com/Wj23Sz8kxt — Ed Timberlake (@TimberlakeLaw) August […]

Trademarks and trademark law

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

South Korean court affirms ridiculous STARPREYA ruling

Posted on September 20, 2019 by Ron Coleman

Originally posted 2012-06-11 19:57:20. Republished by Blog Post Promoter Michael Atkins gives us the post-mortem on this case that demonstrates what could delicately be called […]

Brand Management and Branding, Trademarks and trademark law

Dough, a dear

Posted on September 20, 2019 by Ron Coleman

Originally posted 2013-11-25 13:27:20. Republished by Blog Post PromoterThe Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his […]

Brand Management and Branding, Trademarks and trademark law

Strong to save

Posted on December 18, 2018 by Ron Coleman

Everyone knows that distinctiveness can be inherent or acquired, and that some kinds of trademarks — product-configuration trade dress, notably — can “never” be inherently […]

Likelihood of Confusion

Best of 2008: Tackiness not grounds for refusal to register

Posted on April 17, 2018 by Ron Coleman

Originally posted 2015-01-22 19:14:15. Republished by Blog Post Promoter[Posted December 1, 2008.] Otherwise, why would John Welch be reporting this appeal?: December 4, 2008 – […]

Costumes and Clothing

Tackiness not grounds for refusal to register

Posted on December 12, 2017 by Ron Coleman

Originally posted 2008-12-01 16:25:15. Republished by Blog Post PromoterOtherwise, why would John Welch be reporting this appeal?: December 4, 2008 – 10 AM: In re […]

Costumes and Clothing, Trademarks and trademark law

Restaurant knockoffs

Posted on July 24, 2017 by Ron Coleman

Originally posted 2012-06-11 19:57:22. Republished by Blog Post PromoterMichael Atkins writes about the frustrations of a restaurant owner who seems to think — oddly, for […]

Trademarks and trademark law

Chippendales cuffs-and-collar TM “distinctiveness” claim goes “gently” into that dark night

Posted on June 20, 2017 by Ron Coleman

Originally posted 2012-08-24 11:24:12. Republished by Blog Post PromoterReuters reports on a high-class trademark story I’ve been following since my own dancing days: The male […]

Costumes and Clothing