Second Circuit and the whole of the law on confusion
This is big, but stay calm. Though I hardly can. I took some heat a little while ago for suggesting, contrary to my generally skeptical... Read more
Tag: Initial Interest Confusion
Bag It
Remember Vuitton v. Dooney? It’s over. Reports the Shiny Style blog: A judge ruled in favor of Dooney & Bourke in the trademark dispute involving... Read more
Drive-by infringement
Steve Baird says initial interest confusion is “the real thing” and in the process seeks to “add life” to Professor McCarthy’s famous “evil highway road sign”... Read more
Best of 2006: Side by side comparison doesn’t decide likelihood of confusion
Originally posted on July 11, 2006. This is an important decision: The Second Circuit Court of Appeals has partially reversed the earlier ruling of the... Read more
Returning balance to the IP equation
My article, “Trademark, Copyright, and the Internet: Time to Return Balance to Civil Litigation” in the August 31, 2010 edition of the Federalist Society’s Engage magazine is now... Read more
PissedConsumer.com: Ascentive v. Opinion Corp.
I try to tread lightly with respect to blogging about cases I’m involved with, but there’s not much question that the December 13, 2011 Eastern... Read more
The second time as farce
On the occasion of the S&L Vitamins v. Australian Gold trial, I reposted what I wrote here six months earlier about the first of these... Read more
The law on initial interest confusion: Interestingly confusing
Oh joy, 9th Cir. embraces initial interest confusion again http://t.co/3Zaqg3DuQd Bad ruling over Amazon’s internal search. I’ll blog soon — Eric Goldman (@ericgoldman) July 6,... Read more
Designer Skin v. S&L continued: “S&L had a perfect right to sell this product”
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... Read more
Aw, shucks
We already covered the Designer Skin v. S&L Vitamins summary judgment decision, and linked to commentators Greg Beck, Bill Patry, Rebecca Tushnet, Eric Goldman and... Read more
Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins
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... Read more
PissedConsumer.com: Devere Group v. Opinion Corp.
I have — win, lose or draw — kept you all abreast of the progress of the various lawsuits against PissedConsumer.com (otherwise known as Opinion Corp.),... Read more
Diversion, yes, but no
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... Read more
Multi Time Machine v. Amazon: SCOTUS not interested, initially or otherwise
Sad, bad and not unexpected news via the Cert Pool Blog: There will be no Supreme Court review of Multi Time Machine, Inc. v. Amazon.com, Inc.,... Read more