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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
  • Dec 9

    Lee v. Tam (“The SLANTS Case”): Brief for Respondent Simon Shiao Tam

    Lee v. Tam (“The SLANTS Case”): Brief for Respondent Simon Shiao Tam
    Filed today.
  • Dec 6

    Document review

    Document review
    Where to start, where to start… At the beginning, I guess.  Though not in chronological order. LIKELY2CONFUSE00001:  I wrote a post on the subject of the genericization of the term “Bates Stamp” in June of 2012.…
  • Nov 30

    No “30% solution”

    No “30% solution”
    Originally posted 2010-12-09 16:52:12. Republished by Blog Post PromoterHere I am, sitting 44 stories above the Garment District itself (when I’m not standing under its immortal needle, shown below), and I needed Staci Riordan‘s…
Rank this Week: 71

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Dec 6

    Las Vegas hockey team revealed: The Golden Knight

    Las Vegas hockey team revealed: The Golden Knight
    A brief update on my post a few months ago about the new NHL team based in Las Vegas, scheduled to begin play in October 2017. As I discussed in my post, the team created some publicity by revealing only part of the team name a few months…
  • Dec 5

    Chartreuse Color Trademark on the Loose

    Chartreuse Color Trademark on the Loose
    We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses”…
  • Dec 2

    Santa Goes to the Trademark Office

    Santa Goes to the Trademark Office
    This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving…
Rank this Week: 96

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Dec 9

    Copyright question of the day, Colting edition

    Copyright question of the day, Colting edition
    Frederik Colting and his partner have a new line of books, KinderGuides, which are children's versions of classics like On the Road and Breakfast at Tiffany's.  Fair use?http://tushnet.blogspot.com/feeds/posts/default?alt=r
  • Dec 6

    Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remand

    Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remand
    Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, -- F.3d – (5th Cir. Dec. 2, 2016)Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust…
  • Dec 5

    Mardi Gras bead dogs live

    Mardi Gras bead dogs live
    At least the trademark registration does.  Remember the Mardi Gras bead dog case, Nola Spice, in which the PTO accidentally accepted a Section 15 incontestability statement during the pendency of an appeal of an order cancelling the…
Rank this Week: 140

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/
  • Dec 8

    Should Intermediaries (Such as Retailers) Collect and Pay IP Royalties?

    Should Intermediaries (Such as Retailers) Collect and Pay IP Royalties?
    We had an expert from an accounting firm give us a presentation yesterday about royalty audits. All sorts of bad things can occur with regard to collecting royalties from the licensee – the licensee may under count, may go bankrupt,…
  • Dec 7

    Anatomy of “Anatomy of a Rumor”

    Anatomy of “Anatomy of a Rumor”
    I was reading about the Pizzagate affair, where a 28 year-old, with an arrest record and substance-abuse problems, walked into a DC pizza place named Comet Ping Pong, and fired an AR-16 rifle several times. It was reported that he had driven…
  • Nov 29

    Infographic Explaining Top Level Domain System

    Infographic Explaining Top Level Domain System
    Infographic explaining top level domain name system, courtesy of HostingFacts.com SourceHosting Fact
Rank this Week: 338

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
  • Dec 6

    Important TCPA Ruling Expected Soon

    Important TCPA Ruling Expected Soon
    FCC interpretations challenged as arbitrary and capricious. Read More › Tags: Auto-dial, D.C. Circuit Court, FCC, TCPA, TCPA Regulation
  • Nov 16

    FCC Refuses Mortgage Broker’s Request For TCPA Exemption

    FCC Refuses Mortgage Broker’s Request For TCPA Exemption
    Mortgage-servicing calls will still require prior express consent. Read More › Tags: FCC, Mortgage Bankers Association, Robocalls, TCPA, TCPA Lawsuit
  • Oct 27

    Andrew Lustigman Speaking at ANA/BAA 38th Marketing Law Conference

    Andrew Lustigman Speaking at ANA/BAA 38th Marketing Law Conference
    The 2016 ANA/BAA 38th Marketing Law Conference will take place November 9-11, 2016 in Chicago and builds on the tradition as the broadest marketing and advertising law conference with deep practical legal content, fruitful…
Rank this Week: 653

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
  • Nov 22

    FTC Reverses Course on Soundboard Technology to Curtail Abusive Telemarketing Call

    FTC Reverses Course on Soundboard Technology to Curtail Abusive Telemarketing Call
    This month, the FTC issued a Staff Opinion Letter that will revoke a prior opinion letter and will now bring outbound telemarketing calls that utilize soundboard technology within the purview of the Telemarketing Sales Rule’s (TSR)…
  • Nov 17

    FTC Issues Enforcement Policy Statement on Marketing Claims for Over-the-Counter Homeopathic Drug

    FTC Issues Enforcement Policy Statement on Marketing Claims for Over-the-Counter Homeopathic Drug
    On November 15, 2016, the Federal Trade Commission (FTC) released a new “Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs” memorializing its position that, (1) when reviewing…
  • Oct 31

    Avoid Sticky “Made in U.S.A” Situation

    Avoid Sticky “Made in U.S.A” Situation
    The latest in a line of Federal Trade Commission (FTC) enforcement actions challenging “Made in USA” claims by manufacturers was recently resolved with a stipulated order in the FTC’s lawsuit against the glue manufacturer…
Rank this Week: 1077

Troll Defense

Troll Defense

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

http://www.troll-defense.com/
  • Nov 1

    Yet More New Titles Enter the BitTorrent Fray in Oregon District Court

    Yet More New Titles Enter the BitTorrent Fray in Oregon District Court
    Two film production companies have filed novel BitTorrent copyright infringement suits in the U.S. District Court for the District of Oregon, continuing the status of the Oregon District as a testing ground for new film titles in…
  • Nov 1

    “Mechanic” Sequel Opens BitTorrent Troll Litigation in Atlanta Federal Court

    “Mechanic” Sequel Opens BitTorrent Troll Litigation in Atlanta Federal Court
    National “troll” copyright litigant ME2 Productions, Inc. has filed several new BitTorrent copyright cases with the U.S. District Court for the Northern District of Georgia, Atlanta Division.  These may be the first…
  • Nov 1

    “Mechanic: Resurrection” Targets Dozens of Does in Colorado Federal Suit

    “Mechanic: Resurrection” Targets Dozens of Does in Colorado Federal Suit
    Several new BitTorrent copyright cases were lodged in the U.S. District for the District of Colorado by ME2 Productions, Inc., following a great number of similar “troll-style” lawsuits filed across the country. As…
Rank this Week: 1047

Adlaw By Request

Adlaw By Request

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

http://www.adlawbyrequest.com/
Rank this Week: 1290

OberIPWatch

OberIPWatch

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

http://oberipwatch.com/
  • Dec 2

    Get thee to the Copyright Office: take steps now to preserve your DMCA safe harbor protection

    Get thee to the Copyright Office: take steps now to preserve your DMCA safe harbor protection
    The U.S. Copyright Office announced yesterday its new online registration system for designated agents. Online service providers designate agents to receive notifications of claimed copyright infringement. As of December 1,…
  • Jun 16

    Second Circuit: copyright infringement of Pre-1972 sound recordings covered by DMCA Safe Harbor

    Second Circuit: copyright infringement of Pre-1972 sound recordings covered by DMCA Safe Harbor
    Superheros donning black robes save website operators from liability for users’ copyright infringement of sound recordings fixed prior to 1972. The Second Circuit Court of Appeals ruled today that the safe harbors…
  • Jun 15

    Social Media Makes Healthcare More Personal

    Social Media Makes Healthcare More Personal
    The Mayo Clinic Center for Social Media has a mission to personalize healthcare by using social media. Crazy – you say? By following best practices, healthcare providers can share their stories. True – covered entities and their…
Rank this Week: 1619

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
  • Dec 8

    Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case conclude

    Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case conclude
    A recent High Court of Australia (HCA) decision has marked the finale of the dispute between Lodestar Anstalt (Wild Geese Whiskey) and Campari America LLC (Wild Turkey Bourbon), with the HCA refusing to grant Wild Turkey Bourbon leave to…
  • Dec 7

    Denial of CDA immunity defense not immediately appealable

    Denial of CDA immunity defense not immediately appealable
    On November 1, 2016, the U.S. Court of Appeals for the Tenth Circuit ruled that the Communications Decency Act (CDA) provides immunity from liability, not from suit, precluding interlocutory appellate jurisdiction under the collateral order…
  • Dec 6

    Package as “Advertising”

    Package as “Advertising”
    On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co., Inc., Case No.…
Rank this Week: 2037

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 2352

Mouse Print

Mouse Print

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

http://www.mouseprint.org
  • Dec 5

    Citi’s Credit Card Agreement Contains Another Nasty Ploy

    Citi’s Credit Card Agreement Contains Another Nasty Ploy
    In October, we told you about an unexpected move by Citi to let credit card customers opt-out of the mandatory arbitration clause in their credit card agreements. The catch: they required you to write an old-fashioned letter to them to do so.…
  • Nov 28

    Chipotle Sued Over Misleading Calorie Count

    Chipotle Sued Over Misleading Calorie Count
    The embattled Mexican grill chain, Chipotle, is in trouble again. In the course of promoting its new chorizo burrito which is made from chicken and pork sausage, the company touted that it only had 300 calories. Three diet-conscious…
  • Nov 21

    Thanks for Nothing: United Airlines Intros “Last Class” Service

    Thanks for Nothing: United Airlines Intros “Last Class” Service
    We all know what first class air travel means — priority boarding, bigger seats, fancy food, quick exiting, etc. Now United Airlines is introducing what we have nicknamed “last class” service. As our moniker implies, this is…
Rank this Week: 2053

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Nov 27

    Re-file Your DMCA Agent Designation Starting Dec. 1st

    Re-file Your DMCA Agent Designation Starting Dec. 1st
    The Copyright Office recently introduced changes to the process by which online service providers can designate an agent under the Digital Millennium Copyright Act (“DMCA”).  To qualify for DMCA safe-harbor protections,…
  • Nov 1

    Partner Jamie Rubin To Speak At The 2016 ANA/BAA Marketing Law Conference in Chicago (Nov. 9-11, 2016)

    Partner Jamie Rubin To Speak At The 2016 ANA/BAA Marketing Law Conference in Chicago (Nov. 9-11, 2016)
    InfoLawGroup Partner Jamie Rubin to Speak at the 2016 ANA/BAA Marketing Law Conference titled Face Off: Dynamic Technologies vs. Regulatory Controls.  The conference is in Chicago from November 9-11, 2016.  Jamie will speak on…
  • Oct 29

    Enforcing Canadian Anti-Spam Law

    Enforcing Canadian Anti-Spam Law
    The Canadian Anti-Spam Legislation (CASL) has aroused concern among marketers on both sides of the border since it started coming into force in July 2014 (some provisions, such as a private right of action, do not take effect until next…
Rank this Week: 2146

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: 1739

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: 2398

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/
  • Dec 8

    CPSC Public Meeting on Children's Sleepwear Flammability

    CPSC Public Meeting on Children's Sleepwear Flammability
    On December 1, 2016, CPSC’s Office of Compliance, under the leadership of CPSC’s Mary Toro (Director, Office of Compliance, Regulatory Enforcement), held a comprehensive full day seminar on the laws, regulations, and rigorous…
  • Dec 8

    FDA to Begin Posting Adverse Event Report Data for Foods and Cosmetic

    FDA to Begin Posting Adverse Event Report Data for Foods and Cosmetic
    On December 7, 2016, the Food and Drug Administration published a Notice in the Federal Register announcing that its Center for Food Safety and Applied Nutrition will begin publishing data extracted from adverse event reports the Agency has…
  • Nov 17

    Weeding Through California's Prop 64: Employer Takeaway

    Weeding Through California's Prop 64: Employer Takeaway
    On Nov. 8, 2016, California voters passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative legalizes recreational marijuana for individuals over the age of 21. It allows adults to possess, carry, share,…
Rank this Week: 2756

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/
  • Dec 8

    Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case conclude

    Don’t be a Turkey! – Lessons learnt for trade mark owners as the Wild case conclude
    A recent High Court of Australia (HCA) decision has marked the finale of the dispute between Lodestar Anstalt (Wild Geese Whiskey) and Campari America LLC (Wild Turkey Bourbon), with the HCA refusing to grant Wild Turkey Bourbon leave to…
  • Dec 7

    Denial of CDA immunity defense not immediately appealable

    Denial of CDA immunity defense not immediately appealable
    On November 1, 2016, the U.S. Court of Appeals for the Tenth Circuit ruled that the Communications Decency Act (CDA) provides immunity from liability, not from suit, precluding interlocutory appellate jurisdiction under the collateral order…
  • Dec 6

    Package as “Advertising”

    Package as “Advertising”
    On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co., Inc., Case No.…
Rank this Week: 2868

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
Rank this Week: 4186

Throughout the Universe

Throughout the Universe

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

http://www.issbusinesslaw.com
Rank this Week: 3033

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: 4588

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: 3995

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: 2909

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: 3520

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: 2963

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 3877