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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
  • Aug 18

    The odd inversion of the trademark “rights in gross” conundrum

    The odd inversion of the trademark “rights in gross” conundrum
    Is reselling domain names a violation of the UDRP? At his blog, Gerald “Mr. DMCA” Levine lays out the question, and then answers it plain and simple (emphasis mine): On the question of reselling domain names on the secondary…
  • Aug 13

    Cease-and-Desist letters as self-executing copyright bomb

    Cease-and-Desist letters as self-executing copyright bomb
    Originally posted 2007-10-13 23:50:07. Republished by Blog Post PromoterTechdirt reports (thanks, Pennywit!) on a law firm that tells recipients of its questionable “C&D” letters that if they dare post them, they’ll be…
  • Aug 13

    Confusion ascendant

    Confusion ascendant
    Originally posted 2015-07-25 23:11:05. Republished by Blog Post Promoter Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) five national calamities occurred: During the time of Moses, Jews in the desert…
Rank this Week: 121

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Aug 19

    Cthulhu the functional?

    Cthulhu the functional?
    Jake Linford has recently expounded in detail about the descriptive or even functional characteristics of certain sounds, making certain "coined" words more useful in marketing.  Here's a great example from Michael Saler, As If: Modern…
  • Aug 18

    Fashion weak: fashion show fails to enjoin New York Fashion Week name

    Fashion weak: fashion show fails to enjoin New York Fashion Week name
    Fashion Week, Inc. v. Council of Fashion Designers of America, Inc., 2016 WL 4367990, No. 16-cv-5079 (S.D.N.Y. Aug. 12, 2016)FWI sued CFDA for trademark dilution, unfair competition and false designation of origin, and trademark infringement…
  • Aug 18

    Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff's life

    Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff's life
    Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016)Sophia Eggleston alleged that her self-characterization in her 2009 memoir The Hidden Hand was the uncredited inspiration for the character Loretha…
Rank this Week: 149

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Aug 23

    One Hot Buzzword in Marketing: Integration

    One Hot Buzzword in Marketing: Integration
    – Jason Sprenger – President, Game Changer Communications Integrated marketing has caught fire over the last couple of years.  In short, this refers to the concept of an organization working with one outside agency on…
  • Aug 22

    Worthwhile Uncomfortable Conversation

    Worthwhile Uncomfortable Conversation
    Seth Godin wrote this past weekend about joint ownership of creations: “Before you create intellectual property (a book, a song, a patent, the words on a website, a design) with someone else, agree in writing about who owns what, who…
  • Aug 19

    The Olympic Branding Blackout

    The Olympic Branding Blackout
    Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded…
Rank this Week: 164

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/
  • Aug 22

    The Answer We Filed On Behalf of Sun Cedar in Car-Freshner v Sun Cedar

    The Answer We Filed On Behalf of Sun Cedar in Car-Freshner v Sun Cedar
    Car-Fresher sells Little Trees car fresheners. Sun Cedar is a Kansas not-for-profit founded to provide jobs for the at-risk population. It sells, among other things, cedar tree-shaped cedar wood ornaments.
  • Aug 8

    FEC PAC-naming Restriction Ruled Unconstitutional

    FEC PAC-naming Restriction Ruled Unconstitutional
    The Federal Election Committee prohibits political committees that are not authorized by a candidate, to use that candidate’s name in the titles of their websites and social media pages. a PAC named Pursuing America’s Greatness,…
  • Aug 6

    Gucci’s RICO Claim Against Alibaba Defendants Dismissed – SDNY

    Gucci’s RICO Claim Against Alibaba Defendants Dismissed – SDNY
    Alibaba successfully dismisses Gucci’s claim that Alibaba participated in a conspiracy with counterfeiters to sell counterfeit goods on Alibaba. That the merchants may have resulted in an ‘online retail cluster’ that…
Rank this Week: 326

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: 585

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Aug 10

    “London Has Fallen” in Hawai’i BitTorrent Suit

    “London Has Fallen” in Hawai’i BitTorrent Suit
    Notorious BitTorrent plaintiff LHF Productions, Inc. has expanded its nationwide litigation campaign to Hawaii, with recent copyright lawsuits against scores of “Doe” defendants in the U.S. District Court for the District of…
  • Aug 10

    Mindless Zombie Flick “Cell” Staggers into Seattle Federal Court

    Mindless Zombie Flick “Cell” Staggers into Seattle Federal Court
    Two new copyright actions were filed the U.S. District Court for the Western District of Washington by CELL Film Holdings, LLC, which claims copyrights to the John Cusack/Samuel L. Jackson zombie-themed…
  • Aug 10

    Zombie Flick “Cell” Stalks BitTorrent Users in Oregon

    Zombie Flick “Cell” Stalks BitTorrent Users in Oregon
    CELL Film Holdings, LLC, which claims copyrights to the John Cusack/Samuel L. Jackson zombie-themed movie Cell, has filed several BitTorrent copyright infringement suits in the U.S. District Court for the District of…
Rank this Week: 1665

The Brand Protection Blog

The Brand Protection Blog

Reports on 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/
  • Aug 9

    Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada

    Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada
    With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes. The International Olympic Committee…
  • Aug 5

    Who goes to Rio: Sports sponsorship and ambush marketing in Australia

    Who goes to Rio: Sports sponsorship and ambush marketing in Australia
    The Australian Olympic Committee (AOC) is urging the public to support “true, valued Partners” after it lost its last minute bid to prevent ambush marketing ahead of the 2016 Summer Olympic Games. Australian Olympic Committee,…
  • Aug 4

    In the UK, the first rule of the Olympics is: You don’t talk about the Olympic

    In the UK, the first rule of the Olympics is: You don’t talk about the Olympic
    The Rio 2016 Olympics are upon us and will undoubtedly capture the attention, excitement and imagination of the public in the UK and globally. It is no surprise then that some businesses may seek to capitalise on the opportunity to promote…
Rank this Week: 1717

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: 1262

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 19

    The Paradox of Illumination

    The Paradox of Illumination
    I first heard about the paradox of illumination from Lee Loevinger, an extraordinary gentleman I was privileged to know professionally.  Lee was a multi-faceted, multi-talented, thought-provoking lawyer whose sage advice and stimulating…
  • Jan 14

    Curiosity

    Curiosity
    Curiosity requires a sense of inquisitiveness. Not all inquiries reflect curiosity, curiosity is inquisitive by nature. Curiosity is the desire to learn by asking questions, dissecting, examining, exploring and investigating. Curiosity is at…
Rank this Week: 1583

AdLaw By Request

AdLaw By Request

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

http://www.adlawbyrequest.com
  • Aug 22

    Pinterest Updates its Promotion Guideline

    Pinterest Updates its Promotion Guideline
    Last week, Pinterest updated its Acceptable Use Policy, which governs its policies for conducting a contest and sweepstakes. Pinterest policy previously: Prohibited brands from running a sweepstakes where each Pin, board, like, or follow…
  • Aug 12

    Mars Settles With FTC Over Dog Lifespan Claim

    Mars Settles With FTC Over Dog Lifespan Claim
    Last week, Mars Petcare U.S., Inc. (“Mars”) settled its case with the Federal Trade Commission (“FTC”) over certain advertising claims. In 2015, the FTC initiated an investigation of Mars’ advertising claims for…
  • Aug 9

    FTC Sends Warning Letters to Companies Making Zika Virus-Protection Claim

    FTC Sends Warning Letters to Companies Making Zika Virus-Protection Claim
    Last Friday, the Federal Trade Commission (“FTC”) sent warning letters to ten online marketers that were making Zika virus-protection claims.  The Center for Disease Control believes that the Zika virus is spread primarily…
Rank this Week: 3980

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
  • Aug 22

    Pinterest Updates its Promotion Guideline

    Pinterest Updates its Promotion Guideline
    Last week, Pinterest updated its Acceptable Use Policy, which governs its policies for conducting a contest and sweepstakes. Pinterest policy previously: Prohibited brands from running a sweepstakes where each Pin, board, like, or follow…
  • Aug 12

    Mars Settles With FTC Over Dog Lifespan Claim

    Mars Settles With FTC Over Dog Lifespan Claim
    Last week, Mars Petcare U.S., Inc. (“Mars”) settled its case with the Federal Trade Commission (“FTC”) over certain advertising claims. In 2015, the FTC initiated an investigation of Mars’ advertising claims for…
  • Aug 9

    FTC Sends Warning Letters to Companies Making Zika Virus-Protection Claim

    FTC Sends Warning Letters to Companies Making Zika Virus-Protection Claim
    Last Friday, the Federal Trade Commission (“FTC”) sent warning letters to ten online marketers that were making Zika virus-protection claims.  The Center for Disease Control believes that the Zika virus is spread primarily…
Rank this Week: 3981

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Aug 22

    Lowe’s Pulls Misleading TV Ad After We Cry Foul

    Lowe’s Pulls Misleading TV Ad After We Cry Foul
    Recently, Lowe’s began advertising what appeared to be a great sale on major appliances — 20% off. Here is the advertisement that ran during the 60 Minutes broadcast last week: Click play button. Seems pretty straightforward and…
  • Aug 15

    Free Furniture Promo Tied to Election Turnout

    Free Furniture Promo Tied to Election Turnout
    The latest gimmick to get shoppers to buy furniture during the summer doldrums comes from Bernie & Phyl’s, a small Massachusetts furniture chain. They are offering to refund the price of all furniture you buy until August 22 if the…
  • Aug 8

    Comcast’s Inside Wiring Plan Excludes Most Inside Wiring!

    Comcast’s Inside Wiring Plan Excludes Most Inside Wiring!
    One of the ways that telephone and cable companies try to make extra money is to pitch inside wiring plans to their customers. For about $5 a month, these plans typically promise to fix the cable or telephone wire in your home or apartment…
Rank this Week: 2352

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
  • Aug 18

    Contest Law: Pinterest Quietly Updates Its Promotion Guideline

    Contest Law: Pinterest Quietly Updates Its Promotion Guideline
    Guest post by Brian D. Fergemann Partner, Winston & Strawn LLP (Chicago) August 18, 2016 Earlier this year, Pinterest quietly updated its guidelines for conducting contests and other types of promotions on the Pinterest platform. Those…
  • Aug 16

    Competition Compliance Programs Continue a Competition Bureau Priority

    Competition Compliance Programs Continue a Competition Bureau Priority
    Practical Law Canada – Competition has published a new Legal Update discussing recent Competition Bureau compliance program developments. Below is an excerpt with a link to the full Update. Featured Update Practical Law Canada…
  • Aug 9

    Updated Canadian Contest Law Rules & Form

    Updated Canadian Contest Law Rules & Form
    Promotional contests (or “sweepstakes” in the U.S.) continue to be very popular for companies and brands. In this regard, I recently updated my Canadian contest law rules and forms in key popular areas, which include legal…
Rank this Week: 3145

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
  • Aug 9

    Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada

    Don’t congratulate #TeamCanada at #Rio2016: Olympic social media rules in Canada
    With the Rio Olympics well underway, Canadian brands need to be aware of the “do’s and don’ts” of advertising and social media content involving the Olympics and Olympic athletes. The International Olympic Committee…
  • Aug 5

    Who goes to Rio: Sports sponsorship and ambush marketing in Australia

    Who goes to Rio: Sports sponsorship and ambush marketing in Australia
    The Australian Olympic Committee (AOC) is urging the public to support “true, valued Partners” after it lost its last minute bid to prevent ambush marketing ahead of the 2016 Summer Olympic Games. Australian Olympic Committee,…
  • Aug 4

    In the UK, the first rule of the Olympics is: You don’t talk about the Olympic

    In the UK, the first rule of the Olympics is: You don’t talk about the Olympic
    The Rio 2016 Olympics are upon us and will undoubtedly capture the attention, excitement and imagination of the public in the UK and globally. It is no surprise then that some businesses may seek to capitalise on the opportunity to promote…
Rank this Week: 2166

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Aug 5

    Partner Justine Gottshall Interviewed by Cybersecurity Law Report

    Partner Justine Gottshall Interviewed by Cybersecurity Law Report
    Partner Justine Young Gottshall was interviewed regarding key issues for mobile apps in the Cybersecurity Law Report on August 3, 2016 (note that subscription or registration for a free trial required to access full article). Is…
  • Jun 30

    The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guide

    The NAD’s First Native Ad Case Since Issuance of FTC Native Ad Guide
    Just five months after the Federal Trade Commission (“FTC”) released its Native Ads Policy Statement, the National Advertising Division of the Better Business Bureau (“NAD”) has followed suit and issued a decision in…
  • Jun 28

    InfoLawGroup LLP Formalizes Privacy in M&A Practice

    InfoLawGroup LLP Formalizes Privacy in M&A Practice
    InfoLawGroup announces that it has formalized its Privacy in M&A practice group, which brings together its experienced attorneys to work closely with clients on the privacy and security issues that can arise when purchasing, investing in,…
Rank this Week: 3747

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Aug 5

    FTC Settles with Herbalife Over Business Model and Misleading Earnings Claim

    FTC Settles with Herbalife Over Business Model and Misleading Earnings Claim
    Herbalife’s 2+ year FTC investigation came to an end last month when it settled with the FTC for $200 million, which will be distributed to former Herbalife program participants. The Stipulated Order entered on July 25 also requires…
  • Aug 2

    Ninth Circuit Provides Guidance for Pleading Reliance On False Advertisement

    Ninth Circuit Provides Guidance for Pleading Reliance On False Advertisement
    Last month, the Ninth Circuit clarified the requirements for pleading a fraudulent advertising claim. In Haskins v. Symantec Corp., the court ruled that a plaintiff seeking damages for fraudulent advertising must allege reliance on specific…
  • Jul 22

    Upcoming ABA Event: Complying with FTC’s Endorsement and Testimonial Guideline

    Upcoming ABA Event: Complying with FTC’s Endorsement and Testimonial Guideline
    For information about the Warner Bros. settlement and other considerations to keep in mind when developing influencer or other media campaigns, you may want to consider attending the ABA’s upcoming program entitled “Complying with…
Rank this Week: 4858

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: 2694

OberIPWatch

OberIPWatch

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

http://oberipwatch.com/
Rank this Week: 3135

Throughout the Universe

Throughout the Universe

Offers perspectives on law for the creative business. By Dane Johnson.

http://www.issbusinesslaw.com
Rank this Week: 1828

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/
Rank this Week: 4316

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/
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 3133

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
  • Nov 24

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER

    NOVEMBER 2015 FI&C WEBSITE NEWSLETTER
    *     On September 17, 2015, Jeff Ireland and Jade Smarda, obtained a temporary restraining order on behalf of a local financial services firm in a trade secrets case. *     Jeff Sharkey and…
  • Nov 20

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace

    Be Cautious When Social Networking is All “Atwitter “at Your Workplace
    We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on the new Peeple app).  People are on…
  • Nov 16

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved

    Cybersecurity Information Sharing Act: The Devil Lurks and the Road to His House Appears Well Paved
    Best Laid Plans. They say the devil is in the details. One might say that is most certainly the case with the recently advanced version of the Cybersecurity Information Sharing Act (“CISA”) that recently passed the U.S. Senate by…
Rank this Week: 2403

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/
  • Jul 14

    Justice Department asked to investigate Amazon’s "monopolization" of book market

    Justice Department asked to investigate Amazon’s "monopolization" of book market
    This posting was written by Jeffrey May, J.D.A group of authors, and the American Booksellers Association—a trade association representing independently-owned bookstores—are asking the Department of Justice to scrutinize the…
  • Jul 7

    New Texas law says franchisors are not employers of franchisees or their employee

    New Texas law says franchisors are not employers of franchisees or their employee
    This story was written by Edward L. Puzzo, J.D.Texas has enacted legislation, effective September 1, 2015, specifying that franchisors will not be considered to be the employers of--or in a co-employment relationship with--either franchisees…
  • May 2

    Mergers Reported under HSR Act Down Slightly in FY 2012

    Mergers Reported under HSR Act Down Slightly in FY 2012
    This posting was written by Tobias J. Gillett, Contributor to Wolters Kluwer Antitrust Law Daily. The number of mergers reported under the Hart-Scott-Rodino (HSR) Premerger Notification Program between October 1, 2011 and September 30, 2012…
Rank this Week: 4859

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.

https://consumeradvocatelegalupdate.wordpress.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: 2392

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3616