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Lawyer Ron Coleman on brands, the Internet & free speech

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Tag: Unauthorized Retailers

Posted on December 8, 2022 Brand Management and Branding

Biting the hand that feeds you

The Trademark Troll, a blog written by former Harley Davidson IP counsel Dick Troll, comments on the S&L Vitamins case: Almost every case involving the... Read more

Posted on November 12, 2021 Copyright Law

Kirtsaeng and Copyright: First sale means first sale

The Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which... Read more

Posted on October 31, 2021 Copyright Law Gray Market

Canada: Copyright law not meant to protect distribution networks

The Gray Blog reports that the Canadian Supreme Court has rejected an attempt — the sort made all day all over North America — to... Read more

Posted on June 2, 2021 Licensing

Split decision

During my traditional end-of-December goof-off here I didn’t pay adequate attention to the important non-ruling in Costco v. Omega, which involves an issue I have... Read more

Posted on May 28, 2021 Diversion Trademarks and trademark law

The second time as farce

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... Read more

Posted on May 28, 2021 Distribution systems

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

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... Read more

Posted on January 27, 2021 Diversion

Aw, shucks

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... Read more

Posted on October 30, 2019 Brand Management and Branding Copyright Law Internet Law Trademarks and trademark law

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

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... Read more

Posted on March 15, 2019 Internet Law Trademarks and trademark law

S&L v. Australian Gold: You, the Jury

Here’s S&L Vitamin’s Trial Brief for the trial scheduled for next week in the above-entitled cause.  (Or you can read it at the bottom of... Read more

Posted on July 24, 2017 Copyright Law

Best of 2013: Kirtsaeng and Copyright: First sale means first sale

The Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine, which... Read more

Posted on April 25, 2017May 7, 2017 Copyright Law

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

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... Read more

Posted on October 21, 2016October 21, 2016 Domain Names

Domain names and fair use

The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic... Read more

Posted on March 9, 2016 Diversion

Legal in Phoenix, liable in Central Islip

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

Posted on January 3, 2014 Copyright Law Trademarks and trademark law

Designer Skin v. S&L Vitamins trial update

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... 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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