Diversion – Page 2 – LIKELIHOOD OF CONFUSION™

Online use of trademarks and copyrights by “unauthorized distributors”

Posted on July 30, 2014 by Ron Coleman

LIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary […]

Free Expression

Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins

Posted on May 23, 2014 by Ron Coleman

The District of Arizona ruled today in a case we defended through trial and have reported on here extensively. The decision is here; the minute […]

Diversion, yes, but no

Posted on January 17, 2014 by Ron Coleman

Some people have all the luck in the Eastern District of New York. Whereas me — I think I’ve got it coming to me right […]

Diversion

Designer Skin v. S&L Vitamins trial update

Posted on January 3, 2014 by Ron Coleman

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 […]

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

Posted on December 2, 2013 by Ron Coleman

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 […]

Internet Law, Trademarks and trademark law

Designer Skin v. S&L continued: “S&L had a perfect right to sell this product”

Posted on September 18, 2013 by Ron Coleman

Unfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James Teilborg’s decision from the bench in the District […]

Distribution systems

Split decision

Posted on September 4, 2013 by Ron Coleman

During my traditional end-of-December goof-off here I didn’t pay adequate attention to the important non-ruling in Costco v. Omega, which involves an issue I have […]

Licensing

Kirtsaeng and Copyright: First sale means first sale

Posted on March 19, 2013 by Ron Coleman

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 […]

Best of 2012: INTA and the big tent

Posted on December 24, 2012 by Ron Coleman

First posted on May 13, 2012.In the previous INTA post I raised the question of how a significant session discussing a significant topic — the effect […]

IP Institutions

“Diversion”: Threat or menace?

Posted on December 1, 2011 by Ron Coleman

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 […]

Diversion