Jurisdiction and Justiciability – LIKELIHOOD OF CONFUSION™

Likelihood of avoision

Posted on September 18, 2019 by Ron Coleman

I’m in pretty deep in a jury trial — no, not an IP case; more like an IT case, only one conducted under a tent […]

Licensing

Judicial Canuck Stooges Spit in Uncle Sam’s, Barbie’s Eyes

Posted on October 28, 2016 by Ron Coleman

A “New York judge ruled that Mattel ha[s] no jurisdiction in Canada and that [the] owner [of BarbiesShop.com], Barbie Anderson Whalley, can keep the name […]

Brand Management and Branding

Please plead me

Posted on June 20, 2016 by Ron Coleman

Everyone knows about copyright preemption. How about trademarks? Pamela Chestak has a great post that explains why yes one, and no the other. First, a […]

Litigation

Book ’em, Dan-o!

Posted on September 1, 2015 by Ron Coleman

There really is still such a thing as personal jurisdiction — and its absence — even in the Internet age, reports Evan Brown: Last year […]

Internet Law, Litigation

Getting the timing right on copyright registrations

Posted on September 16, 2014 by Ron Coleman

Marty Schwimmer: IDEA v PETA (SDNY August 298 2009): Plaintiff, no doubt aware that statutory damages are only available for post-registration copyright infringements that are […]

But it is the Dark Side? Or just plain old The Force?

Posted on June 17, 2014 by Ron Coleman

Evan Brown: “Behold the power of in rem actions“: In rem actions over domain names are powerful tools. A trademark owner can undertake these actions […]

Internet Law, Trademarks and trademark law

Best of 2009: “Orange you glad you’re such mullahs?”

Posted on December 30, 2013 by Ron Coleman

This was first posted on April 29, 2009: William Lozito at Name Wire writes about a counterfeiting double-cross, or is it triple-cross or something more?, […]

Brand Management and Branding

The latest on Internet-based jurisdiction – UPDATED, 2012!

Posted on October 29, 2012 by Ron Coleman

In the New York Law Journal (subscription required): As a practical matter, most jurisdictional analysis in the Internet context focuses on specific jurisdiction. A “Web […]

Internet Law

Attorney fights right of publicity fight… and then some.

Posted on August 17, 2012 by Ron Coleman

Overlawyered follows the continued adventures of media avenger attorney Jack Thompson who is acheiving cult-like notoriety among the very segments he seeks to protect: Jack […]

Uncategorized

Steal your plate

Posted on October 6, 2010 by Ron Coleman

The Jews take a worldwide day off from eating, and what happens when they sit down and pick up their forks and knives to dig […]

Trademarks and trademark law

Can you ring the unrung bell? (Updated)

Posted on May 26, 2010 by Ron Coleman

LIKELIHOOD OF CONFUSION® has recently run up against the following issue in litigation and welcomes views from the house. We think we’re on the right […]

Humdinger of a copyright case

Posted on May 18, 2010 by Ron Coleman

How can a statute of limitations for copyright infringement bar a state law claim for an accounting of profits between co-authors brought under diversity jurisdiction? […]

Targeting your discriminatory website

Posted on April 7, 2010 by Ron Coleman

Evan Brown reports about National Federation of the Blind v. Target Corporation, a suit brought against Target in a California federal court claiming that Target’s […]

Internet Law

Jurisdiction Argument Worth Zippo

Posted on February 24, 2010 by Ron Coleman

This is an important decision, called Heidle v. The Prospect Reef Resort, Ltd. and reported by the fine Internet Cases website. Read Evan Brown’s treatment. […]

Internet Law