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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
  • May 13

    Bad for the Juice: The TTAB’s phantom tag

    Bad for the Juice: The TTAB’s phantom tag
    No, not that Juice.  He’s enough trouble already.  (And no, not the Juice that has this guy all in a froth either.)  I write, rather, about the too-clever-by-half would-be parodists recently sluiced through the…
  • May 6

    Dimming star?

    Dimming star?
    Originally posted 2008-01-31 11:43:10. Republished by Blog Post PromoterAnn Althouse: Starbucks used to seem like a luxury brand, and now it feels like a fallback when you can’t get to the real thing. Ouch. (Via Instapundit.) Ann sees…
  • May 6

    Likelihood of jurisdiction

    Likelihood of jurisdiction
    Appellate courts, we see, choose what interests them, and how much.  Sometimes they surprise the parties and their counsel. We weren’t all that shocked about the argument in Naffe v. Frey, the free-blogger-speech case involving…
Rank this Week: 72

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • May 22

    Subway Drops Footlong TM from Advertising

    Subway Drops Footlong TM from Advertising
    The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to federally-register the word…
  • May 21

    Use of NAVAJO – Is Urban Outfitters Infringing or Not?

    Use of NAVAJO – Is Urban Outfitters Infringing or Not?
    Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite…
  • May 20

    Companies Get the Unions They Deserve

    Companies Get the Unions They Deserve
    -  James E. Lukaszewski, ABC, APR, Fellow PRSA I grew up in a union household. My father was a teacher in the Minneapolis Public School system for nearly thirty years. Once he finished his first probationary year and was certified, he…
Rank this Week: 104

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • May 22

    False claims of FDA approval actionable under Lanham Act and state law

    False claims of FDA approval actionable under Lanham Act and state law
    Innovative Health Solutions, Inc. v. DyAnsys, Inc., 2015 WL 2398931, No. 14-cv-05207 (N.D. Cal. May 19, 2015) IHS sells a medical device called P–STIM.  DyAnsys used to be the distributor of P-STIM in the US, but after it lost…
  • May 21

    FDA pre-approval doesn't bar Lanham Act false advertising claim against device

    FDA pre-approval doesn't bar Lanham Act false advertising claim against device
    Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2015 WL 2359467 (S.D.N.Y. Mar. 24, 2015) Earlier discussion.  SPD argued that the FDCA barred Lanham Act false advertising claims against it…
  • May 21

    4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

    4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP
    Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)  The Radiance Foundation published an article online entitled “NAACP: National Association for the…
Rank this Week: 220

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • May 8

    The Shoe Fits: New Oregon BT Suits for “The Cobbler”

    The Shoe Fits: New Oregon BT Suits for “The Cobbler”
    The rights-owner of The Cobbler, a whimsical comedy film starring Adam Sandler, has filed a batch of new BitTorrent copyright suits in the U.S. District Court for the District of Oregon. The Cobbler was widely released earlier this…
  • Apr 28

    Romance Novel Publisher Sues Over Wrongful Takedown Notice in Seattle Court

    Romance Novel Publisher Sues Over Wrongful Takedown Notice in Seattle Court
    The publisher of the “A Baby for My Billionaire Stepbrother” romance novel series has sued various Doe parties over alleged misrepresentations surrounding the books’ publication rights. Zirconia Publishing, Inc. is a…
  • Apr 28

    …And Yet More BitTorrent Suits Filed In Oregon Court

    …And Yet More BitTorrent Suits Filed In Oregon Court
    Various film companies filed another batch of copyright lawsuits in the U.S. District Court, District of Oregon. Plaintiff A&T SPVH, Inc.’s new lawsuit involves the 2014 film, The Humbling, which stars Al Pacino, in what Variety…
Rank this Week: 335

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/
  • May 18

    Text of CAFC Decision in Apple v Samsung Trade Dress/Design Patent Decision

    Text of CAFC Decision in Apple v Samsung Trade Dress/Design Patent Decision
    apple v samsung cafc 2.pdf by martyschwimmerSorry the embed feature seems to be broken follow the link to the document
  • Apr 21

    Recent Trademark Decision

    Recent Trademark Decision
    BAIG v. COCA-COLA If the D Ct 'forgets' about a claim but says 'case terminated,' the case is final and appealable http://t.co/QYrivyxvMK — TrademarkBlog (@TrademarkBlog) April 21, 2015 BAIG v. COCA-COLA 7 Cir NATURALLY is generic and…
  • Apr 20

    Text of CAFC Affirmance of SLANTS Rejection

    Text of CAFC Affirmance of SLANTS Rejection
    Slants CAFC ex parte appeal.pdf by martyschwimmer
Rank this Week: 573

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • May 18

    Ambiguous 2-Fer Offer

    Ambiguous 2-Fer Offer
      Everybody loves a bargain, and when a company offers a second product free or at reduced price, that can be an attention-grabber. The problem is that too often companies advertise 2-fer offers that are ambiguous at best, causing the…
  • May 11

    Keurig Partially Reverses Course

    Keurig Partially Reverses Course
      Last week we told you about Keurig’s new 2.0 coffeemakers that no longer work with old Keurig K-cups and will now only accept their own brand or licensed K-cups with special markings on the top. Well, it seems the company has had…
  • May 4

    Keurig 2.0 Coffeemakers Have a Built-in Detective

    Keurig 2.0 Coffeemakers Have a Built-in Detective
      The maker of Keurig coffee machines, the ones that use those little (and expensive) K-Cups to brew a single cup of coffee, must have a clever bunch of engineers in their employ. They have created a new machine, the Keurig 2.0, that…
Rank this Week: 622

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 746

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: 675

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: 1197

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

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

    Vermont’s GMO Statute and Recently Enacted Regulations Remain Effective Pending Continued Challenges in Federal Court

    Vermont’s GMO Statute and Recently Enacted Regulations Remain Effective Pending Continued Challenges in Federal Court
    A federal judge ruled last week that Vermont’s first-in-the-nation genetically modified organism (GMO)-labeling law, Act 120, can go into effect even while it is being challenged in court. Both GMO-labeling proponents and the food…
  • May 4

    Guess the Discount at the Outlet

    Guess the Discount at the Outlet
    As mentioned in a previous post, the latest attacks on retailers are class actions claiming retail outlet and factory stores employ deceptive pricing practices. These lawsuits allege either that the outlet sells items not available at…
  • Apr 28

    Trademark Owners to Domain Name Registry: That .suck

    Trademark Owners to Domain Name Registry: That .suck
    On April 9, 2015, the Internet Corporation for Assigned Names and Numbers (ICANN), the body governing the registration of domain names, initiated an inquiry into the practices of the Canadian company Vox Populi, the domain name registry that…
Rank this Week: 1250

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/
Rank this Week: 2014

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • May 6

    An AHAA Moment! The Voice of Hispanic Marketing

    An AHAA Moment! The Voice of Hispanic Marketing
    On April 27, I had the distinct privilege of presenting a session devoted to the legal implications of social media and mobile technology to the leadership of AHAA, The Voice of Hispanic Marketing at their 2015 Annual Conference. You can read…
  • May 6

    An AHAA Moment! The Voice of Hispanic Marketing

    An AHAA Moment! The Voice of Hispanic Marketing
    On April 27, I had the distinct privilege of presenting a session devoted to the legal implications of social media and mobile technology to the leadership of AHAA, The Voice of Hispanic Marketing at their 2015 Annual Conference. You can read…
  • May 6

    An AHAA Moment! The Voice of Hispanic Marketing

    An AHAA Moment! The Voice of Hispanic Marketing
    On April 27, I had the distinct privilege of presenting a session devoted to the legal implications of social media and mobile technology to the leadership of AHAA, The Voice of Hispanic Marketing at their 2015 Annual Conference. You can read…
Rank this Week: 2117

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: 2293

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: 2214

Adlaw By Request

Adlaw By Request

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

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

    Running a Sweepstakes in France is Less Misérable

    Running a Sweepstakes in France is Less Misérable
    It’s not every day that one gets to observe a non-U.S. jurisdiction abandoning frustrating, idiosyncratic requirements on sweepstakes promotions, but – sacré bleu! – we’ve got one to report. For several years,…
  • May 12

    CAP Releases Revised Promotional Rules in the UK

    CAP Releases Revised Promotional Rules in the UK
    On May 1, 2015, the Committee of Advertising Practice (CAP) released a set of amended Sales Promotional Rules contained in Section 8 of the CAP Code.  This follows a public consultation aimed at amending a number of rules to bring them…
  • May 11

    A 30-Minute Data Breach Drill for GC

    A 30-Minute Data Breach Drill for GC
    At times, the two most frightening words in the English vocabulary are “data” and “breach.”  Much to the chagrin of companies across the country, data breaches are quite the rage these days.  It seems as if…
Rank this Week: 4241

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
  • May 22

    Running a Sweepstakes in France is Less Misérable

    Running a Sweepstakes in France is Less Misérable
    It’s not every day that one gets to observe a non-U.S. jurisdiction abandoning frustrating, idiosyncratic requirements on sweepstakes promotions, but – sacré bleu! – we’ve got one to report. For several years,…
  • May 12

    CAP Releases Revised Promotional Rules in the UK

    CAP Releases Revised Promotional Rules in the UK
    On May 1, 2015, the Committee of Advertising Practice (CAP) released a set of amended Sales Promotional Rules contained in Section 8 of the CAP Code.  This follows a public consultation aimed at amending a number of rules to bring them…
  • May 11

    A 30-Minute Data Breach Drill for GC

    A 30-Minute Data Breach Drill for GC
    At times, the two most frightening words in the English vocabulary are “data” and “breach.”  Much to the chagrin of companies across the country, data breaches are quite the rage these days.  It seems as if…
Rank this Week: 4240

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
  • May 22

    The EMV “Liability Shift” to occur October 1, 2015

    The EMV “Liability Shift” to occur October 1, 2015
    Counterfeit credit cards are a significant problem in the U.S. In fact, almost half of the credit card fraud in the world occurs in the U.S. A post on the Data Protection Report provided background on EMV technology and described the…
  • May 13

    Lawsuit accuses MillerCoors of falsely advertising Blue Moon as a “Craft” beer

    Lawsuit accuses MillerCoors of falsely advertising Blue Moon as a “Craft” beer
    A proposed class action lawsuit filed in San Diego County (California) Superior Court accuses MillerCoors LLC of engaging in deceptive and misleading advertising and violating California’s Consumer Legal Remedies Act by describing…
  • May 7

    Alamo trademark settlement creates uncertainty for Texas businesse

    Alamo trademark settlement creates uncertainty for Texas businesse
    A recent consent order confirms that, as the owner of the Alamo, the state of Texas also owns the mission’s image and can restrict others from using its distinctive silhouette to sell commercial products. On April…
Rank this Week: 2717

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: 2684

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
Rank this Week: 3087

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • May 14

    InfoLawGroup is hiring!

    InfoLawGroup is hiring!
    The Information Law Group is looking for one fantastic lawyer to join our team.  If you are interested, please see the information below. Requirements InfoLawGroup is looking for a candidate with 4-8 years of experience as an…
  • Apr 28

    Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy

    Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy
    Last week, the Federal Trade Commission announced a complaint against and proposed settlement with Nomi Technologies, Inc.* (“Nomi”), based on allegations that Nomi included a false representation in its Privacy Policy. Nomi is an…
  • Apr 20

    FTC’s $11.9 Million Win Emphasizes Need to Follow Guideline

    FTC’s $11.9 Million Win Emphasizes Need to Follow Guideline
    The Federal Trade Commission (“FTC”) just won another important victory as part of its crackdown on deceptive health claims. LeadClick Media (“LeadClick”) and its parent company were held responsible for claims made by…
Rank this Week: 4103

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/
  • Apr 17

    Beacons at Retail – So What?

    Beacons at Retail – So What?
    Beacons have been around for years in online and mobile media channels, but they now seem poised to dramatically impact brick-and-mortar businesses. A growing list of major companies are currently vying to bring Bluetooth-enabled beacon…
  • 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…
Rank this Week: 4640

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: 3615

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3938