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LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

  • Home
  • Video
  • Publications
    • Play-Doh’s trademark registration passes the smell test
    • Social Media and Proving Secondary Meaning
    • Slants, Redskins and other “Disparaging” Trademarks
    • Bully for Who? How trademark bullying works
    • Copycats on the Superhighway
    • Prudential Standing: Who is ‘Any Person’ Under the Lanham Act?
    • Hacker with a White Hat
    • Trademark, Copyright, and the Internet: Time to Return Balance to Civil Litigation
    • Hands off blogs: Mandatory disclosure of “blogola”?
    • Bloggers, Journalists, Reporting and Privilege
    • “Initial Interest Confusion”: Compounding the Error
  • More
    • Privacy Policy
    • Opposition brief of Gavin McInnes to motion to dismiss by SPLC
    • Disney v DeSantis decision
    • Statutory damages in copyright cases
    • A Theory of Trademarks in the Blog Era
    • Managing Risk: Litigation Prophylaxis in High-Tech Agreements
    • I’m high-ranked and I know it
    • The Endless Summer: Student Lawyer magazine, March 1989
    • Asymmetric Cultural Warfare
    • Blawg Review #2 (April 17, 2005)
    • Copycats on the Superhighway
    • The Endless Summer: Student Lawyer magazine, March 1989
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Functionality and Trademarks

Ed T and the Trademark Dimensions

Ron Coleman Jan 16, 2020 0 Comments

Explanatory introduction to a virtual guest post by Ed Timberlake: I say if it's yours and you post in on an embeddable platform, you've given permission to the world to…

Functionality and Trademarks

Garbagio trademarks: Top of the heap

Ron Coleman Nov 3, 2019 0 Comments

There's still time to register for the "Failure to Function" #trademark panel in Boston on Nov. 5th!

Failure to Function as Trademark

Tyler Hall redux on what trademarks do

Tyler Hall Feb 27, 2018 0 Comments

Tyler Hall writes: I received an interesting follow up to my previous post about trademarks and promotional goods. The response touched on some questions regarding the foundations of trademark law…

Failure to Function as Trademark

Guest post: Ornamental? Or trademark as a product?

Tyler Hall Jan 18, 2018 1 Comments

The Twitter thread that led to this blog post started when trademark lawyer Tyler Hall suggested, on Twitter, that a story reporting “bootleg logos are a fashion must-have” tells us…

Functionality and Trademarks

Failure to …. whatever

Ron Coleman Oct 16, 2017 0 Comments

“Failure to function as a trademark” is a favorite topic around here, and it’s getting more and more attention. Except when it’s not. What am I talking about? Even I…

Brand Management and Branding

The shopping dead (Best of 2016)

Ron Coleman Dec 20, 2016 0 Comments

Originally posted March 21, 2016. Says Pamela Chestek, of the Property, intangible® blog: I haven’t written about “zombie” or “heritage” marks in a long time. So when she does, we…

Brand Management and Branding

The shopping dead

Ron Coleman Mar 21, 2016 0 Comments

Says Pamela Chestek, of the Property, intangible® blog: I haven’t written about “zombie” or “heritage” marks in a long time. So when she does, we don’t want to miss it!…

Rights of Publicity and Personality

Trayvon, we hardly knew ye

Ron Coleman Mar 27, 2012 9 Comments

The headline: Trayvon Martin’s family looks to trademark ‘I am Trayvon,’ ‘Justice for Trayvon’: Trayvon Martin’s mother Sybrina Fulton is seeking to trademark phrases with her son’s name. . .…

Culture Clash

Occupying trademark

Ron Coleman Nov 8, 2011 6 Comments

So eventually all the “big trademark stories” catch up to you, even if you try to avoid them as you would try to avoid … certain assemblies of people in…

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.

This is attorney advertising. Lawyer Ronald D. Coleman is admitted to practice in New York and New Jersey.

For more information click here.

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LIKELIHOOD OF CONFUSION®

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Use as a Trademark

Trademark: “From The River to the Sea”?

LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

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