Resellers – LIKELIHOOD OF CONFUSION™

Aw, shucks

Posted on March 5, 2019 by Ron Coleman

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 […]

Diversion

U.S. District of Arizona: “No automatic injunction upon a finding of copyright infringement”

Posted on April 25, 2017 by Ron Coleman

Not that the plaintiffs in the Designer Skin case didn’t get an injunction: They did (here it is); a narrow one utilizing proposed language by […]

Legal in Phoenix, liable in Central Islip

Posted on March 9, 2016 by Ron Coleman

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

Diversion

Online use of trademarks and copyrights by “unauthorized distributors”

Posted on July 30, 2014 by Ron Coleman

LIKELIHOOD OF CONFUSION does not generally comment about active cases in which we are directly involved. But a very important and detailed (61 pages!) summary […]

Free Expression

Fat lady sings: Findings of Facts and Conclusions of Law in Designer Skin v S & L Vitamins

Posted on May 23, 2014 by Ron Coleman

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 […]

Brand Management and Branding, Copyright Law, Internet Law, Trademarks and trademark law

Designer Skin v. S&L Vitamins trial update

Posted on January 3, 2014 by Ron Coleman

The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry […]

Designer Skin v. S&L continued: “S&L had a perfect right to sell this product”

Posted on September 18, 2013 by Ron Coleman

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 […]

Distribution systems

Canada: Copyright law not meant to protect distribution networks

Posted on October 8, 2010 by Ron Coleman

The Gray Blog reports that the Canadian Supreme Court has rejected an attempt — the sort made all day all over North America — to […]

The second time as farce

Posted on July 15, 2010 by Ron Coleman

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 […]

Diversion, Trademarks and trademark law

Hot fun in the summer time

Posted on August 26, 2009 by Ron Coleman

A little while I ago I uploaded, at J.D. Supra, the three days of trial transcripts from last year’s desert extravaganza, the Designer Skin v. […]

Litigation, Trademarks and trademark law

Best of 2008: “Designer Skin v. S&L Continued: ‘S&L had a perfect right to sell this product'” (July)

Posted on December 29, 2008 by Ron Coleman

This was first posted on July 18th: Unfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James Teilborg’s […]

Brand Management and Branding, Copyright Law, Internet Law, Trademarks and trademark law

Online retailing and initial interest confusion

Posted on May 21, 2008 by Ron Coleman

We reported earlier on a related case in this area implicating the use of trademarks to sell merchandise online via “unauthorized distributors.” A new decision […]

Trademarks and trademark law