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LIKELIHOOD OF CONFUSION™

LIKELIHOOD OF CONFUSION™

Lawyer Ron Coleman on brands, the Internet & free speech

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    • 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
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    • “Initial Interest Confusion”: Compounding the Error
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      • 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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Tag: Overreaching

Posted on January 15, 2023 Rights of Publicity and Personality

Trademark rights in interdigitization

Nick Daly drops me a note to the effect that one Jay-Z, gazillionaire rhyming scatologist, has been sued by a professional perspirer and leaping stage... Read more

Posted on December 25, 2022 Fair Use Free Expression Trademarks and trademark law

Companies versus their fans

Walter Olson: The famous maker of candies and candy-dispensers is suing the owners of the Burlingame Museum of Pez Memorabilia in Northern California, claiming that... Read more

Posted on December 22, 2022 Brand Management and Branding Fair Use Free Expression Internet Law Trademarks and trademark law

Jews for Jesus* v. free speech: update

Maybe if Steve Brodsky or the Whistleblower published pornography or scandalous charactures of Dick Cheney or were uploading music files the self-appointed guardians of free speech would have something to say about what's going on here. Read more

Posted on December 20, 2022 Brand Management and Branding Trademarks and trademark law

SUPER HERO® my foot

UPDATE: Our NPR interview on this topic was on NPR’s “All Things Considered” just before 6 tonight. We blogged on this topic last week. Today... Read more

Posted on December 11, 2022 Slogans

Putting trademark in the corner

Catchphrases such as THREE-PEAT with no coherent secondary meaning and no meaningful trademark identity are one of the really galling misuses of trademarks these days.... Read more

Posted on November 26, 2022 Brand Management and Branding Fair Use

More on toy models as trademark infringements

Ara Rubyan sends along this link to Boing Boing: Josh sez, “The folks at BMC (Black Mustang Club) automotive forum wanted to put together a... Read more

Posted on November 14, 2022 Copyright Law Fashion Law

Mock smocks spur suit

The New York Post reports that Diane von Furstenberg is suing over knockoffs of her designer smock dress things: The famed designer thinks cheapie-fashion store... Read more

Posted on November 1, 2022 Fair Use

MTA’s way or the highway

I’ve been watching these guys at the MTA and their IP enforcement program for a while now.  Once was for a client, who, regrettably, didn’t... Read more

Posted on October 10, 2022 Trademarks and trademark law

Major League Baseball – SDNY Balks?

A potentially troubling (from the teams’ point of view) thought from the Southern District of New York in a case brought by Major League Baseball... Read more

Posted on September 19, 2022 DMCA

YouTube, other websites and the DMCA

Lee Gesmer at MassLawBlog explains why the hullaballoo about YouTube’s exposure to copyright liability is overstated. I agree with his analysis and have lots of... Read more

Posted on July 12, 2022 Fair Use Free Expression Trademarks and trademark law

Sealed with a fist

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both... Read more

Posted on July 9, 2022 Counterfeiting & Piracy

Trademark infringement: Just say no

Trademark litigators and enforcement people (especially in anticounterfeiting) frequently analogize to the War on Drugs. You can’t really ever stop the flow of fake Vuitton... Read more

Posted on June 3, 2022 Free Expression Trademarks and trademark law

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... Read more

Posted on May 21, 2022 Trademarks and trademark law

The entrepreneurship of trademark bullying

I figured I must have written somewhere about that PTO trademark bullying thing — or if I didn’t, I am sure I linked to someone... Read more

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Ron Coleman of the DHILLON LAW GROUP

Click the pic for more information - admitted in New York and New Jersey

This blog

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.

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THIS BLOG IS ONLY A BLOG, NOT LEGAL ADVICE. IT IS IN PART AN ADVERTISEMENT FOR LEGAL SERVICES BY RONALD D. COLEMAN, AN ATTORNEY ADMITTED IN NEW YORK AND NEW JERSEY ONLY, WHO IS NOT YOUR LAWYER. YOU ARE NOT HIS CLIENT. JUST WALK BESIDE HIM AND BE HIS FRIEND.

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