Just what we choose it to mean
Ron ColemanWhen trademark lawyers — much less judges — use a word, it means just what they choose it to mean — neither more nor less. So unsurprisingly, trademark lawyers are…
Likelihood of Confusion in Trademark Law: Richard Kirkpatrick wrote the book (again)
Congratulations to Richard K. Kirkpatrick of Pilsbury Winthrop, who has — through the Practising Law Institute — has come out with the second edition of Likelihood of Confusion in Trademark…
Best of 2011: Upper crust – the POCKET SANDWICHES croissants saga
First posted on July 15, 2011. Letters, we get letters. Sometimes people just want to share their trademark woes with me. Sometimes they want free advice, or cheap advice, or…
Upper crust: the POCKET SANDWICHES (and maybe croissants) saga (Part 2 of 2)
Carl VennittiLast week I told the story — as told through this TTAB opinion — of Carl Vennitti’s seven-year tug of war with Nestlé, maker of Hot Pockets food-type product and…
Upper crust – the POCKET SANDWICHES croissants saga (Part 1 of 2)
Letters, we get letters. Sometimes people just want to share their trademark woes with me. Sometimes they want free advice, or cheap advice, or just a broad, powerful if round…
Best of 2010: Dough, a dear
First posted August 11, 2010. The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the Pillsbury Doughboy — would act…
That special something that says “infringement”
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…
Sue you in the funny papers!
Duets Blog presents the exciting, amply illustrated and, potentially, graphically violent story of the company that thought it could capture the powers of a one-of-a-kind, special — heck, even super…
But it is the Dark Side? Or just plain old The Force?
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 when it identifies an infringing…
Dough, a dear
The Stay-Puft Marshmallow Man wreaked some havoc in his time, but who would have thought that his inspiration — the Pillsbury Doughboy — would act the part of a veritable…
Giving his all, almost
I understand getting hot under the collar while defending meritless trademark claims, but this is a bit much: Trademark infringement trials are not usually emotional affairs. But Quinn Emanuel Urquhart…
Some intel on INTEL®
BUMPED from January 1, 2010 and UPDATED due to decision (scroll to the bottom for the stunning conclusion): Had you heard about this one from Mike Masnick? Chip giant Intel…
Likelihood of — well, no, actually. Not.
At least in some parts of the country, LIKELIHOOD OF CONFUSION is something judges actually sometimes don’t find. Out there, for example. No, the other side — yeah. The left.…
Web 2.0, but nothing’s changed
Remember the silliness over the attempt by a certain attorney to secure trademark rights for CYBERLAWYER? The notable part about how that went down was that the foolishness was abated…