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LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

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Tag: Diversion

Posted on October 17, 2019 Fair Use Internet Law Trademarks and trademark law

Key decision

“Google makes money not by reason of the nature of the keyword, but by someone clicking on the keyword,” Google lawyer Alexandra Neri told a... Read more

Posted on September 20, 2019 Politics

Best of 2008: Which exit did we get off, again?

Posted on September 7, 2008. Well, maybe we’ve been too hard on the Democrats here at LIKELIHOOD OF CONFUSION®.  Perhaps unlike the GOP, they’ve got... Read more

Posted on September 18, 2019 Brand Management and Branding Internet Law Trademarks and trademark law

Tubby-Tonic in Titanic Trademark Tussle

I’m almost starting to like the EFF. They just filed a lawsuit in California seeking a ruling that an independent online newsletter called AccompliaReport.com devoted... Read more

Posted on March 15, 2019 Internet Law Trademarks and trademark law

S&L v. Australian Gold: You, the Jury

Here’s S&L Vitamin’s Trial Brief for the trial scheduled for next week in the above-entitled cause.  (Or you can read it at the bottom of... Read more

Posted on July 24, 2017 Copyright Law

Best of 2013: Kirtsaeng and Copyright: First sale means first sale

The Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which... Read more

Posted on April 25, 2017May 7, 2017 Copyright Law

U.S. District of Arizona: “No automatic injunction upon a finding of copyright infringement”

Not that the plaintiffs in the Designer Skin case didn’t get an injunction:  They did (here it is); a narrow one utilizing proposed language by... Read more

Posted on August 4, 2014August 12, 2014 Fair Use

Judge: “Go after your distributors, not free enterprise”

Judges — especially in the Eastern District of New York — are picking up what’s going on in the “elite salons” end of the trademarks-as-distribution-method-enforcement... Read more

Posted on January 3, 2014 Copyright Law Trademarks and trademark law

Designer Skin v. S&L Vitamins trial update

The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry... Read more

Posted on December 2, 2013 Internet Law Trademarks and trademark law

Jews for Jesus v. Google and Brodsky – update and analysis

I was on a panel called “Trademark Rights vs. Free Speech” at the Fall 2000 INTA Trademarks in Cyberspace Conference with Marty Schwimmer and David... Read more

Posted on December 1, 2011December 28, 2014 Diversion

“Diversion”: Threat or menace?

We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest... Read more

Posted on June 19, 2009March 11, 2020 Damages

“Infinity Dollars” — IP damages and the jury, Part 2

(Part 1 is here.) So.  In light of the decision in the Thomas-Rasset case, which I first rounded up in part 1 of this first-ever... Read more

Posted on December 29, 2008May 28, 2010 Brand Management and Branding Copyright Law Internet Law Trademarks and trademark law

Best of 2008: “Designer Skin v. S&L Continued: ‘S&L had a perfect right to sell this product'” (July)

This was first posted on July 18th: Unfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James Teilborg’s... Read more

Posted on May 21, 2008August 7, 2010 Trademarks and trademark law

Online retailing and initial interest confusion

We reported earlier on a related case in this area implicating the use of trademarks to sell merchandise online via “unauthorized distributors.” A new decision... Read more

Posted on May 7, 2008January 21, 2015 Fair Use

The long and rocky road

Irvin Robbins, the co-founder of the Baskin-Robbins ice cream chain, died yesterday. Here’s how much time has passed since just about the time your blogger... Read more

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Ron Coleman of the DHILLON LAW GROUP

Click the pic for more information - admitted in New York and New Jersey

This blog

The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. I write here about trademark law, copyright law, brands, free speech (mostly as it relates to the Internet and social media). That may sound like a lot, but it's just a blog.

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