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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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    • Initial Interest Confusion
Likelihood of Confusion

Multi Time Machine v. Amazon: SCOTUS not interested, initially or otherwise

Ron Coleman Mar 2, 2016 0 Comments

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., et al., 792 F.…

Likelihood of Confusion

The law on initial interest confusion: Interestingly confusing

Ron Coleman Jul 10, 2015 2 Comments

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, 2015 Ah, my old friend…

Fair Use

PissedConsumer.com: Devere Group v. Opinion Corp.

Ron Coleman Jul 13, 2012 5 Comments

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.), the gripe site that…

Counterfeiting & Piracy Fashion Law Internet Law Trademarks and trademark law

Best of 2010: Gucci v. Frontline Processing: Giving credit for infringement where it’s due

Jane Coleman Dec 28, 2010 1 Comments

First posted July 12, 2010. This is an adaptation of a summary and analysis of the recent decision in Gucci America, Inc. v. Frontline Processing Corp., 2010 WL 2541367 (S.D.N.Y.),…

Likelihood of Confusion

Best of 2010: Drive-by infringement

Ron Coleman Dec 15, 2010 0 Comments

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” analogy: Whatever the criticisms…

Brand Management and Branding

Best of 2010: “Drive-by infringement”

Ron Coleman Dec 15, 2010 5 Comments

The last couple of weeks of the year or so I always re-post, with typical humility, the “Best of 2010.” I arrange it in a sort of month-by-month recapitulation. It’s…

Free Expression Trademarks and trademark law

That special something that says “infringement”

Ron Coleman Dec 13, 2010 2 Comments

Paul Alan Levy sends along this heartwarming news about the Jenzabar case: In a ruling this week, a Massachusetts trial judge upheld the free speech rights of a documentary filmmaking…

LIKELIHOOD OF CONFUSION®

Returning balance to the IP equation

Ron Coleman Sep 13, 2010 3 Comments

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 online. The…

Secondary Liability

Gucci v. Frontline Processing: Giving credit for infringement where it’s due

Jane Coleman Jul 12, 2010 5 Comments

This is an adaptation of a summary and analysis of the recent decision in Gucci America, Inc. v. Frontline Processing Corp., 2010 WL 2541367 (S.D.N.Y.), discussed here casually earlier. Jane…

Brand Management and Branding

Drive-by infringement

Ron Coleman May 4, 2010 4 Comments

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” analogy: Whatever the criticisms…

Diversion

Diversion, yes, but no

Ron Coleman Nov 26, 2009 6 Comments

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 down the middle, and then…

Damages

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

Ron Coleman Jun 19, 2009 7 Comments

(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 two-part LIKELIHOOD OF CONFUSION® odyssey,…

Internet Law Trademarks and trademark law

Second Circuit and the whole of the law on confusion

Ron Coleman Apr 6, 2009 4 Comments

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 view of what constitutes trademark…

Diversion

Legal in Phoenix, liable in Central Islip

Ron Coleman Jan 21, 2009 13 Comments

UPDATE: All the below is still very relevant, very important and very significant — except as to the final judgment, which has been vacated by consent and replaced with this…

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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.

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