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Lawyer Ron Coleman on brands, the Internet & free speech

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Tag: Secondary Meaning

Posted on January 28, 2023January 31, 2023 Likelihood of Confusion

If infringement falls in a forest….

Can there be “infringement” of a trademark without confusion? As she is so apt to do, and to do so well, Pamela Chestek asks that... Read more

Posted on February 11, 2022 Fair Use

An opinion to Di for

I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. What’s the worst... Read more

Posted on October 11, 2021October 11, 2021 Trade dress

That’s it. That’s the post.

Really, just Sarah Burstein: Okay, okay. Sarah and Dennis Crouch. “Iconic,” of course, could stand in for “secondary meaning,” in this case acquired distinctiveness. But... Read more

Posted on June 17, 2021 Fair Use Trademarks and trademark law

Best of 2010: An opinion to Di for

First posted on May 5, 2010. I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark... Read more

Posted on June 2, 2021 Trade dress

LVL XIII v. Louis Vuitton – Appeal brief

If you depend on “fashion law blogs,” you might be surprised by what’s in this brief: Originally posted 2017-03-02 23:45:01. Republished by Blog Post Promoter Read more

Sean Connery with Walther
Posted on May 28, 2021 Trademarks and trademark law

Trademark attorneys shaken AND stirred over Walther product configuration TM ruling

Who says the Commissioner of Trademarks is “Dr. No”? To the contrary, some trademark registration applications Only Live Twice — and that’s quite enough.  John... Read more

Posted on May 28, 2021 Trademarks and trademark law

Social media is evidence

Earlier this month (on August 15, 2016), two of my Archer & Greiner colleagues, Dan Farino and  Douglas Leney, published an article in the National... Read more

Posted on May 24, 2021May 27, 2021 Brand Management and Branding Trademarks and trademark law

I enjoy being a trademark lawyer

John Welch at the TTABlog® has up what even he acknowledges is an “excit[ing]” post, in which he both imagines himself a woman and quotes... Read more

Posted on May 24, 2021 Trademark registration

Wrong skillset for trademark registration (Best of 2016)

Originally posted on April 28, 2016. John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal... Read more

Posted on November 17, 2020 Trademarks and trademark law

The Trademark Singularity: Part 2

If we learned anything in Tam, it is that the Register should not be an expression of value judgments. It is and should be a register (small s). Of trademarks. Read more

Posted on June 30, 2020June 30, 2020 Genericness and Trademarks

Generic no more: Booking.com wins

Held, today, in the Supreme Court: Under these principles, whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers... Read more

Posted on September 20, 2019 Functionality and Trademarks

De gustibus non est disputandum

The question, per last fall’s story, was this: Can you establish trademark rights in a flavor?  The court said, unsurprisingly, “no.” As usual, I let... Read more

Posted on April 28, 2016April 28, 2016 Trademark registration

Wrong skillset for trademark registration

John Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below,... Read more

If You See Something, Say Something
Posted on December 31, 2015 Brand Management and Branding Trademarks and trademark law

Best of 2010: If you see something… it’s probably “trademarked”

First published on May 12, 2010. A while ago, while obsessing about New York’s Metropolitan Transportation Authority and its obsession with turning what might have... 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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