Unauthorized Retailers Archives | LIKELIHOOD OF CONFUSION™

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

Posted on November 3, 2019 by Ron Coleman

Originally posted 2013-09-18 11:43:43. Republished by Blog Post PromoterUnfortunately for future defendants in the position of our client, Internet retailer S&L, U.S. District Judge James […]

Distribution systems

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

Posted on October 30, 2019 by Ron Coleman

Originally posted 2014-05-23 12:53:57. Republished by Blog Post PromoterThe District of Arizona ruled today in a case we defended through trial and have reported on […]

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

Posted on March 15, 2019 by Ron Coleman

Originally posted 2009-01-08 21:34:29. Republished by Blog Post PromoterHere’s S&L Vitamin’s Trial Brief for the trial scheduled for next week in the above-entitled cause. (Or […]

Internet Law, Trademarks and trademark law

Aw, shucks

Posted on March 5, 2019 by Ron Coleman

Originally posted 2015-07-25 23:11:08. Republished by Blog Post PromoterWe already covered the Designer Skin v. S&L Vitamins summary judgment decision, and linked to commentators Greg […]

Diversion

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

Posted on July 24, 2017 by Ron Coleman

Originally posted 2013-12-23 07:29:59. Republished by Blog Post PromoterThe Supreme Court handed down a huge decision in copyright law today, ruling in Kirtsaeng v. John […]

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

Posted on April 25, 2017 by Ron Coleman

Originally posted 2014-06-25 01:28:26. Republished by Blog Post PromoterNot that the plaintiffs in the Designer Skin case didn’t get an injunction: They did (here it […]

Domain names and fair use

Posted on October 21, 2016 by Ron Coleman

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 […]

Domain Names

Legal in Phoenix, liable in Central Islip

Posted on March 9, 2016 by Ron Coleman

Originally posted 2014-12-31 08:20:34. Republished by Blog Post PromoterUPDATE: All the below is still very relevant, very important and very significant — except as to […]

Diversion

Biting the hand that feeds you

Posted on July 1, 2015 by Ron Coleman

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 […]

Brand Management and Branding

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 […]

Split decision

Posted on September 4, 2013 by Ron Coleman

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 […]

Licensing

Kirtsaeng and Copyright: First sale means first sale

Posted on March 19, 2013 by Ron Coleman

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 […]

“Diversion”: Threat or menace?

Posted on December 1, 2011 by Ron Coleman

We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest […]

Diversion

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 […]