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Likelihood of Confusion

Likelihood of Confusion

Covers developments in trademark, copyright, new media and free speech. By Ron Coleman.

http://www.likelihoodofconfusion.com
  • Jan 30

    The Internet of Things: A threat to yummy trademarks?

    The Internet of Things: A threat to yummy trademarks?
    This item came across the ether yesterday: RT @adage: Edible 3-D food printing becomes a reality at Hershey http://t.co/GiYhzUzoR2 pic.twitter.com/LVWDV2ioe2 — Likelihood TM Blog (@likely2confuse) January 29, 2015 Adorable. Delicious.…
  • Jan 30

    Best of 2010: Drive-by infringement

    Best of 2010: Drive-by infringement
    Originally posted 2010-12-15 08:00:28. Republished by Blog Post PromoterSteve Baird says initial interest confusion is “the real thing” and in the process  seeks to “add life” to Professor McCarthy’s…
  • Jan 28

    Best of 2009: Char’ed, I’m sure

    Best of 2009: Char’ed, I’m sure
    First posted December 8, 2009.  Poor Starbucks.  So much trademark trouble they have!  Other trouble, too.  And now the people who gave you five-dollar coffee in a paper cup had lost another one — one they…
Rank this Week: 109

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Jan 30

    Dastar-barred claim survives both as false advertising and false designation

    Dastar-barred claim survives both as false advertising and false designation
    Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014) AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and…
  • Jan 30

    DC rejects POM's FTC challenge

    DC rejects POM's FTC challenge
    Via the Consumer Law & Policy Blog.  I must digest both lunch and this ruling, but I will definitely have more to say soon.http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Jan 30

    false advertising claim based on "innovative/unique" survive

    false advertising claim based on "innovative/unique" survive
    Ferris Mfg. Corp. v. Carr, No. 14 C 04663, 2015 WL 279355 (N.D. Ill. Jan. 21, 2015) Ferris sued Roy Carr and Curaline. Ferris makes various wound care products, allegedly award-winning and covered by several patents.  Carr was…
Rank this Week: 124

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Jan 30

    There’s Something About Nutella

    There’s Something About Nutella
    First off, hello DuetsBlog! I’m delighted to join Steve and the rest of the team here, and I hope I can add to the excellent content that authors past and present have brought to the site. I’ll start my post with a statement…
  • Jan 29

    Who Needs the Lombardi When There is the Clio

    Who Needs the Lombardi When There is the Clio
    It’s the week before Super Bowl, the week when I can’t look at my Twitter feed.  Why?  Well because I follow Ad Age, Adweek, the Minneapolis Egotist, and enough of you creative folks that my feed has been inundated with…
  • Jan 28

    Would You Feel Friendly Toward Freddy?

    Would You Feel Friendly Toward Freddy?
    As the brand manager or trademark counsel for Friendly’s, would you be friendly toward Freddy’s? I remember the Friendly’s restaurant chain when we lived in Columbia, Maryland, back in the days when I clerked for a Senior…
Rank this Week: 130

Consumer Advertising Law Blog

Consumer Advertising Law Blog

Covers consumer marketing, advertising and promotional activities. By Arnold & Porter.

http://www.consumeradvertisinglawblog.com/
  • Jan 29

    Controversial Lawsuit Challenges Prop 65 Lead Level

    Controversial Lawsuit Challenges Prop 65 Lead Level
    Earlier this month, a longstanding Proposition 65 bounty hunter sued the California agency that implements the law. The Mateel Environmental Justice Foundation seeks to invalidate the “safe harbor” level for lead of 0.5 micrograms…
  • Jan 26

    FTC Proposes Amendments to Fair Packaging and Labeling Act Rule

    FTC Proposes Amendments to Fair Packaging and Labeling Act Rule
    If your company sells consumer products, you’ll want to take a look at the Federal Trade Commission’s (FTC’s) proposed amendments to its Fair Packaging and Labeling Act (FPLA) rules announced on January 22, 2015. The most…
  • Jan 21

    Federal Courts Still Answering the Consumer Class Action Call

    Federal Courts Still Answering the Consumer Class Action Call
    As lawsuits alleging misleading food and beverage labeling continue to be filed, plaintiffs’ efforts to certify class actions can run aground when the purported class members viewed different labels or advertisements for the products,…
Rank this Week: 340

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Jan 22

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain

    Shameless Self-Promotion: Leason Ellis represented the successful party in a trial here in the SDNY/White Plain
    A jury in the Southern District of New York (White Plains) awarded a complete victory to Triboro Quilt Manufacturing Corporation in its lawsuit against Luve LLC arising from an exclusive license agreement between the parties. Under the…
  • Jan 8

    Recent Case Tweet

    Recent Case Tweet
    Filing at 7pm blew it PAYCOM v. NFP WD OK This is a fact pattern where the DJ Pltf DOES NOT get choice of forum http://t.co/WZdfpdF5BD — TrademarkBlog (@TrademarkBlog) January 4, 2015 DENT DOCTOR v DENT CLINIC ED Wisc Def tries to buy…
  • Dec 19

    Cool Gear v Silver Buffalo re Trade Dress in Water Bottle Cap

    Cool Gear v Silver Buffalo re Trade Dress in Water Bottle Cap
    “. . . a distinctively configured flip forward spout and elegant elliptical, angled loop handle at the top, and at the side, distinctive texturized surfaces and raised vertical bars, interspersed around the side of the cap.” cool…
Rank this Week: 403

Advertising Law Blog

Advertising Law Blog

Provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. By Olshan Frome Wolosky LLP.

http://www.olshanlaw.com/blogs-Advertising-Law-Blog
Rank this Week: 520

Consumer Goods & Retail…

Consumer Goods & Retail Industry Litigation Blog

Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Kotchen & Low LLP.

http://cpg-retail-litigation.kotchen.com/
Rank this Week: 521

Mouse Print

Mouse Print

Exposing the strings and catches in advertising fine print and analyses the legal meaning and enforceability.

http://www.mouseprint.org
  • Jan 30

    Intuit/TurboTax Caves to Consumer Pressure

    Intuit/TurboTax Caves to Consumer Pressure
      After three and half weeks of stringing criticism from customers and the media, Intuit, the maker of TurboTax Deluxe, threw in the towel on January 29. The popular tax preparation software had been stripped of key functionality in a…
  • Jan 22

    Intuit Offering Partial TurboTax Upgrade Rebate

    Intuit Offering Partial TurboTax Upgrade Rebate
    (BOSTON – January 22, 2015) – Following a public outcry from regular TurboTax Deluxe users who learned that the popular tax preparation software’s maker had stripped the program of key functionality this year, Intuit today…
  • Jan 19

    CVS Sued Over Eye Vitamin Claim

    CVS Sued Over Eye Vitamin Claim
      In June 2014, we told you about some misleading claims (see story) made for CVS Advanced Eye Health vitamins, a product which purchasers might mistake for being just like Bausch + Lomb’s PreserVision — a vitamin proven to…
Rank this Week: 954

Troll Defense

Troll Defense

Tips and commentary for individuals accused of civil liability for Internet activities. By Benjamin Justus.

http://www.troll-defense.com/
  • Jan 29

    50 More Does Sued by Dallas Buyers Club in Seattle Federal Court

    50 More Does Sued by Dallas Buyers Club in Seattle Federal Court
    Dallas Buyers Club, LLC has just filed two new copyright infringement lawsuits against a total of 50 Does in the U.S. District Court for the Western District of Washington. The allegations of the complaints are virtually identical to those…
  • Jan 22

    100 Does Sued for Online Infringement of PLM Software

    100 Does Sued for Online Infringement of PLM Software
    Siemens Product Lifecycle Management Software, Inc. has filed a lawsuit against 100 anonymous Doe parties, alleging infringement of various forms of Product Lifecycle Management (PLM) software for which Siemens holds copyrights. The…
  • Jan 21

    Dallas Buyers Club returns with BitTorrent lawsuits in Texa

    Dallas Buyers Club returns with BitTorrent lawsuits in Texa
      Nationwide copyright enforcer Dallas Buyers Club, LLC has made a return to filing several new matters in the U.S. District Court for the Southern District of Texas, starting with a round filed in late November 2014 and others just this…
Rank this Week: 1062

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
  • Jan 30

    Sixth Circuit Considers Communications Decency Act and Adopts “Material Contribution” Test

    Sixth Circuit Considers Communications Decency Act and Adopts “Material Contribution” Test
    The Sixth Circuit considered whether the Communications Decency Act of 1996 (“CDA”) bars state-law defamation claims. Jones v. Dirty World Entm’t. Recordings, LLC, et al., Case No. 13-5946 (6th Cir. June 16, 2014). The Court…
  • Jan 27

    JANUARY 2015 FI&C WEBSITE NEWSLETTER

    JANUARY 2015 FI&C WEBSITE NEWSLETTER
    *  Erin Rhinehart has been elected to be a Partner at FI&C. *  Finance Monthly Magazine has notified FI&C that the firm has been short-listed for its 2015 Law Awards, in the category of Litigation – U.S.A. * …
  • Jan 22

    California S.B. 568: A License to Bully?

    California S.B. 568: A License to Bully?
    “We are masters of the unsaid words, but slaves of those we let slip out.” – Winston Churchill On January 1, 2015, California Senate Bill 568, titled “Privacy Rights for California Minors in the Digital World,”…
Rank this Week: 1286

Consumer Advocate Legal Update

Consumer Advocate Legal Update

Discusses consumer law, class action lawsuits, advertising law, business law, copyright, and other topics. By Khorrami, LLP.

http://www.consumeradvocatelegalupdate.com/
  • Nov 17

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic
    Have you ever planned to make a purchase of an item solely because you thought it was on sale, only to find out at the cash register that the item is being sold at full-price? If so, you are not alone. Consumers in California have banned…
  • Nov 17

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic

    Class Action Lawsuit against Gap and Banana Republic for Misleading Sales Tactic
    Have you ever planned to make a purchase of an item solely because you thought it was on sale, only to find out at the cash register that the item is being sold at full-price? If so, you are not alone. Consumers in California have banned…
  • Nov 17

    Tylenol Liver Failure Lawsuit

    Tylenol Liver Failure Lawsuit
    Tylenol, the #1 doctor recommended brand of pain relief and a name trusted by Americans for years to treat aches and reduce fevers, has been linked to liver failure. A Tylenol liver failure lawsuit has been filed against Johnson &…
Rank this Week: 1657

Ad Briefs: Covering Your Ads

Ad Briefs: Covering Your Ads

Covers legal issues affecting interactive, sports and entertainment marketing and promotions. By Sheppard Mullin Richter and Hampton LLP.

http://www.coveringyourads.com/
  • Aug 21

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case

    Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Case
    On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been…
  • Aug 13

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet

    False Advertising and Antitrust Law: Sometimes the Twain Should Meet
    Imagine that a drug manufacturer figured out how to compete with a blockbuster drug by making a cheaper and more effective alternative. The pharmaceutical company that makes the blockbuster drug starts flooding the market with false…
  • Nov 6

    Rash California Minors Get An Online "Eraser Button"

    Rash California Minors Get An Online "Eraser Button"
    By Elizabeth Barcohana We’ve all done it: typed or tapped out a message, posted it online, and immediately wished we hadn’t and that we could just erase it from the Internet forever. Now, if you are a California minor, you can. …
Rank this Week: 1850

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
  • Jan 30

    Sixth Circuit Considers Communications Decency Act and Adopts “Material Contribution” Test

    Sixth Circuit Considers Communications Decency Act and Adopts “Material Contribution” Test
    The Sixth Circuit considered whether the Communications Decency Act of 1996 (“CDA”) bars state-law defamation claims. Jones v. Dirty World Entm’t. Recordings, LLC, et al., Case No. 13-5946 (6th Cir. June 16, 2014). The Court…
  • Jan 27

    JANUARY 2015 FI&C WEBSITE NEWSLETTER

    JANUARY 2015 FI&C WEBSITE NEWSLETTER
    *  Erin Rhinehart has been elected to be a Partner at FI&C. *  Finance Monthly Magazine has notified FI&C that the firm has been short-listed for its 2015 Law Awards, in the category of Litigation – U.S.A. * …
  • Jan 22

    California S.B. 568: A License to Bully?

    California S.B. 568: A License to Bully?
    “We are masters of the unsaid words, but slaves of those we let slip out.” – Winston Churchill On January 1, 2015, California Senate Bill 568, titled “Privacy Rights for California Minors in the Digital World,”…
Rank this Week: 2561

Information Law Group

Information Law Group

Covers advertising law, privacy, information security and intellectual property.

http://www.infolawgroup.com/
Rank this Week: 3847

Adlaw By Request

Adlaw By Request

Covers legal and regulatory activities pertaining to advertising and marketing. By Reed Smith LLP.

http://www.adlawbyrequest.com/
  • Jan 30

    FTC Ignores the First Amendment with $9 Million Fine Against Weight Loss Supplement Company

    FTC Ignores the First Amendment with $9 Million Fine Against Weight Loss Supplement Company
    On January 26, the manufacturer of a green coffee bean extract (GCBE) agreed to pay the Federal Trade Commission $9 million to settle charges brought by the FTC that the manufacturer deceptively advertised weight loss benefits of GCBE.…
  • Jan 29

    FTC Report Offers Privacy and Security Guidance for ‘Internet of Things’

    FTC Report Offers Privacy and Security Guidance for ‘Internet of Things’
    On Tuesday, January 27, the FTC issued a 71-page Staff Report on the privacy and security issues with the Internet of Things.  As we’ve noted in our previous blog posts, the Internet of Things (“IoT”) refers to the…
  • Jan 23

    Town Hall Meeting in Miami – POSTPONED

    Town Hall Meeting in Miami – POSTPONED
    The JPC Town Hall Meeting originally scheduled for Tuesday, February 3, will be postponed until March 2015.  Stay tuned for details.… Continue Reading
Rank this Week: 4041

ReACTS

ReACTS

Covers the law and regulation of advertising and marketing. By the Reed Smith Advertising Compliance Team.

http://www.advertisingcompliancelaw.com/
  • Jan 30

    FTC Ignores the First Amendment with $9 Million Fine Against Weight Loss Supplement Company

    FTC Ignores the First Amendment with $9 Million Fine Against Weight Loss Supplement Company
    On January 26, the manufacturer of a green coffee bean extract (GCBE) agreed to pay the Federal Trade Commission $9 million to settle charges brought by the FTC that the manufacturer deceptively advertised weight loss benefits of GCBE.…
  • Jan 29

    FTC Report Offers Privacy and Security Guidance for ‘Internet of Things’

    FTC Report Offers Privacy and Security Guidance for ‘Internet of Things’
    On Tuesday, January 27, the FTC issued a 71-page Staff Report on the privacy and security issues with the Internet of Things.  As we’ve noted in our previous blog posts, the Internet of Things (“IoT”) refers to the…
  • Jan 23

    Town Hall Meeting in Miami – POSTPONED

    Town Hall Meeting in Miami – POSTPONED
    The JPC Town Hall Meeting originally scheduled for Tuesday, February 3, will be postponed until March 2015.  Stay tuned for details.… Continue Reading
Rank this Week: 4039

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog highlights critical issues for designers, retailers, and manufacturers.

http://www.fashioncounsel.com/
Rank this Week: 2750

OberIPWatch

OberIPWatch

Covers IP issues of importance to clients in science, technology, healthcare, education, media and the arts. By Ober Kaler.

http://oberipwatch.com/
  • Jan 27

    Coincidence or copyright infringement? You be the Judge.

    Coincidence or copyright infringement? You be the Judge.
    Sam Smith says that it’s a coincidence that his song “Stay with me” is similar to Tom Petty’s “Stand my ground” but won’t hang his hat on independent creation, where one author creates an identical or…
  • Jan 26

    Killing the Buzz: The “Highs” and Lows of Marijuana-Related Trademark

    Killing the Buzz: The “Highs” and Lows of Marijuana-Related Trademark
    This post is the first in a series by Kumar Jayasuriya, attorney and Ober’s multi-talented Legal Research Manager.   May a company register a trademark connected to the use of a controlled substance, such as marijuana? Recently, a…
  • Jan 16

    Software Patent Abstraction Hits Social Media Platform

    Software Patent Abstraction Hits Social Media Platform
    The process of creating “link relationships” between documents and personal profiles used by Facebook®, LinkedIn®, and other social media platforms came under fire in October 2012 via a patent infringement suit filed by…
Rank this Week: 3327

The Brand Protection Blog

The Brand Protection Blog

Covers developments and trends in all areas of the law that impact brands, including the creation, promotion and protection of branded products and services. By Norton Rose Fulbright.

http://www.thebrandprotectionblog.com
  • Jan 26

    Sounding it out: A global view on registering sound trademarks – Part 2

    Sounding it out: A global view on registering sound trademarks – Part 2
    Protecting a sound or melody as a trade mark is challenging—applicants must not only accurately represent their sign in a way that meets the expectations of their local Trade Mark Registry, but also prove their sound, noise or jingle is…
  • Jan 9

    California AG fowls out on foie gras ban

    California AG fowls out on foie gras ban
    Restaurants across California may no longer need to find creative ways to put foie gras on their menus, as a California federal court has ruled that federal law preempts California’s ban on the sale of the…
  • Dec 18

    FDA proposes move to electronic PI

    FDA proposes move to electronic PI
    On December 18, the FDA announced a long-anticipated proposed amendment to the prescription drug and biological product labeling regulations requiring electronic distribution of prescribing information intended for health care…
Rank this Week: 2705

Legal Bytes

Legal Bytes

Covers digital advertising, new media, e-commerce and the law. By Reed Smith.

http://www.legalbytes.com
  • Dec 30

    Looking Forward to 2015

    Looking Forward to 2015
    As we say goodbye to 2014 . . . For those of you who are loyal readers and followers of Legal Bytes, you know this is the time of year when I break tradition and write a non-legal, personal and philosophical Legal Bytes post. If ancient…
  • Dec 22

    Thank You for 2014 - Best Wishes for 2015

    Thank You for 2014 - Best Wishes for 2015
    This is the time of year when many of you are celebrating holidays; spending time with family, friends and loved ones; bidding farewell to 2014; and looking forward to the New Year - 2015. A time when many of us pause to reflect on the past…
  • Dec 10

    Fraud in Digital Advertising - ANA Report Released

    Fraud in Digital Advertising - ANA Report Released
    Yesterday (December 9), the Association of National Advertisers (ANA) released a study, "The Bot Baseline: Fraud in Digital Advertising," exposing the significant fraud present in media buying on the Internet. The losses to the industry for…
Rank this Week: 3848

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 3287

Ad Nauseam

Ad Nauseam

Covers legal issues in advertising and media.

http://www.adnauseamblog.org/
  • May 15

    The Internet: An International Affair

    The Internet: An International Affair
      In today’s world, almost everything you do on the Internet is being tracked. Whether it is by your friends and family on social networking sites, or advertisers looking to serve more relevant advertisements based on your online…
  • Apr 9

    Do False Advertising Suits Have a Leg to Stand On Anymore?

    Do False Advertising Suits Have a Leg to Stand On Anymore?
        It’s not often the Supreme Court issues opinions that directly impact intellectual property issues, but just a week ago, the Court shed some light on who may sue for a false advertising claim under the Lanham Act. In…
  • Apr 7

    Electronic Cigarette Advertising: What Regulations Can Be Expected?

    Electronic Cigarette Advertising: What Regulations Can Be Expected?
    Electronic cigarettes have garnered much press over the past few weeks. In an article for the New York Times entitled “Selling a Poison by the Barrel: Liquid Nicotine for E-Cigarettes”, Matt Richtel points to statistics of…
Rank this Week: 2768

Social Media Law Update

Social Media Law Update

Covers intellectual property, defamation, consumer protection and other legal issues regarding social media. By Sheppard Mullin Richter & Hampton LLP.

http://www.socialmedialawupdate.com
Rank this Week: 4057

Advertising Industry Litigation…

Advertising Industry Litigation Blog

Covers advertising law and litigation. By Theodora Oringher.

http://www.advertisingindustrylitigation.com/
  • Nov 19

    More About FTC’s Native Advertising Workshop

    More About FTC’s Native Advertising Workshop
    In a previous blog, I advised that the FTC was hosting a workshop on native advertising on December 4, 2013 in Washington D.C.  The FTC has now announced the agenda and panelist for the workshop.   Here is a link to the agenda.…
  • Oct 15

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013

    Clock’s Up. New TCPA Rules Take Effect Today, October 16, 2013
    If you are in the telemarketing industry, chances are you have had this date circled on your calendar for over a year and have spent part of that time planning and preparing for the new TCPA rules to ensure your business is in strict…
  • Sep 18

    FTC Eyeing Native Advertising

    FTC Eyeing Native Advertising
    It’s digital.  It’s popular.  And it could cause consumer confusion.  So it was inevitable it would peak the interest of the FTC.  Just this week, the FTC announced it will host a workshop on December 4, 2013…
Rank this Week: 2818

Trade Regulation Talk

Trade Regulation Talk

Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.

http://traderegulation.blogspot.com/
Rank this Week: 4900

AdMark Buzz

AdMark Buzz

Covers trademark, copyright, advertising, infringement and intellectual property law. By Locke Lord.

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3712