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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 20

    When you say BUD®

    When you say BUD®
    Disputes involving the great BUDWEISER trademark are even older than LIKELIHOOD OF CONFUSION® — the blog, not the secondary meaning thing.  You know that because even in 2006 I wrote — already sounding like a tired…
  • Aug 13

    Getting intellectual about intellectual property

    Getting intellectual about intellectual property
    Originally posted 2008-02-08 10:19:17. Republished by Blog Post PromoterErik Schmidt: Richard Stallman, founder of the Free Software Foundation, and creator of the GNU Public License (GPL) was also present. Stallman is known for his outspoken…
  • Aug 13

    They’re giving it away!

    They’re giving it away!
    Originally posted 2006-05-03 17:31:29. Republished by Blog Post PromoterDickstein Shapiro has published a guide to IP issues (it’s a PDF) for in-house counsel, which is probably useful for non-specialists in private practice as well as…
Rank this Week: 142

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Aug 31

    It’s DangeRuss, So DangeRu

    It’s DangeRuss, So DangeRu
    Russell Wilson (whose twitter handle is @DangeRussWilson) recently courted controversy with some comments made in an August 26 Rolling Stone article: Another venture is slightly less altruistic. Wilson is an investor in Reliant Recovery…
  • Aug 28

    International Trademark Registration

    International Trademark Registration
    A little known fact is that U.S.-based applicants can file a Madrid application that relies on either a registration on the Principal or Supplemental register.  A Madrid application significantly lowers the costs of foreign trademark…
  • Aug 27

    No MN State Fair Photos, Pretty Please?

    No MN State Fair Photos, Pretty Please?
    Well, it is opening day at the 2015 Minnesota State Fair, it was a great day, perfect weather, thank you very much! Happy to see that Lulu’s Public House is going strong, she appears to have some new food items this year, and they look…
Rank this Week: 153

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
Rank this Week: 220

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 26

    I Will Be Speaking on IP Protection of 3D Shapes at AIPLA Oct. 22 in DC

    I Will Be Speaking on IP Protection of 3D Shapes at AIPLA Oct. 22 in DC
    Page 10 of the brochure: “What type of IP Do I Need? How to Figure Out How Best to Protect 3D Creations AIPLA October brochure.
  • Aug 14

    POKEMON copyright suit – collect them all!

    POKEMON copyright suit – collect them all!
    Copyright: Unauthorized use of POKEMON characters on apparel.  WD Wash.  A little tarnishment there as well (Jiggly Puff on the pipe). THE POKÉMON COMPANY INTERNATIONAL, INC v. RAGEON, INC..
  • Aug 14

    Ashland, Inc. (VALVOLINE) v. Randolph, SD West Virginia 2015

    Ashland, Inc. (VALVOLINE) v. Randolph, SD West Virginia 2015
    Unauthorized distributor of VALVOLINE products somewhat slow in complying with court-ordered injunctive relief.  Bonus fact: testing labs can distinguish between VALVOLINE and non-VALVOLINE oil. Ashland, Inc. v. Randolph, Dist. Court, SD…
Rank this Week: 505

Consumer Advertising Law Blog

Consumer Advertising Law Blog

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

http://www.consumeradvertisinglawblog.com/
Rank this Week: 581

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
  • Aug 27

    Andrew Lustigman Quoted in AdExchanger.Com on Cybersecurity Practice

    Andrew Lustigman Quoted in AdExchanger.Com on Cybersecurity Practice
    Olshan Advertising Partner Andrew Lustigman was quoted regarding FTC’s power to penalize companies for insufficient cybersecurity practices. Read More › Tags: Advertising, Advertising Law, cybersecurity, FTC,…
  • Aug 25

    DirectTv

    DirectTv
    Advertisers may believe that claims contained in light-hearted or humorous advertising are immune from challenge. Read More › Tags: Ads, Advertising, DirectTV, NAD, NARB
  • Aug 23

    Text Marketer Gains Legal Victory in California

    Text Marketer Gains Legal Victory in California
    “Human intervention” was key to avoiding TCPA liability Read More › Tags: Auto-dial, FCC, Mass texts, TCPA, TCPA Claim, TCPA Liability
Rank this Week: 688

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: 1005

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: 1373

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 24

    “Dallas Buyers Club” Explores Singleton Cases in California’s Southern District

    “Dallas Buyers Club” Explores Singleton Cases in California’s Southern District
    In the past two months, nationwide mass copyright plaintiff Dallas Buyers Club, LLC has filed a modest number of lawsuits against John Doe parties in the U.S. District Court, Southern District of California. As Troll Defense previously…
  • Aug 21

    “The Cobbler” Launches Suit Against Users of Popcorn Time in Oregon

    “The Cobbler” Launches Suit Against Users of Popcorn Time in Oregon
    As reported by Torrent Freak, the producers of The Cobbler have found a new angle on their nationwide copyright infringement litigation campaign, targeting 11 alleged users of the film-streaming site known as Popcorn Time in a…
  • Jul 20

    “The Cobbler” Producer Sues Hundreds of John Does in Houston BitTorrent Case

    “The Cobbler” Producer Sues Hundreds of John Does in Houston BitTorrent Case
    On a single day last week, Cobbler Nevada, LLC filed copyright infringement suits against over 350 John Doe parties in the U.S. District Court, Southern District of Texas, Houston Division. As Troll Defense…
Rank this Week: 1509

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/
  • Jul 6

    Ninth Circuit to False Advertising Class Actions: Drop Dead

    Ninth Circuit to False Advertising Class Actions: Drop Dead
    On June 23, 2015, the Ninth Circuit in Cabral v. Supple LLC, — Fed. Appx. –, 2015 WL 3855142 (9th Cir. June 23, 2015) placed a significant hurdle in the path of false advertising class actions.  Specifically, the Court held…
  • 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…
Rank this Week: 1634

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 31

    Amarin, FDA talking settlement

    Amarin, FDA talking settlement
    In a letter dated August 28, an attorney representing Amarin Pharma, Inc. advised the judge overseeing Amarin’s case against FDA, that “The parties have agreed to explore the possibility of settlement of this matter.”…
  • Aug 26

    Jim Beam(ing) over dismissal of class action

    Jim Beam(ing) over dismissal of class action
    On August 21, the U.S. District Court for the Southern District of California dismissed a putative class action lawsuit alleging that Beam Suntory falsely advertises its Jim Beam bourbon as “handmade.” Order of Dismissal, Scott…
  • Aug 25

    FTC releases unfair methods competition policy

    FTC releases unfair methods competition policy
    On August 13, the Federal Trade Commission issued a Policy Statement outlining – for the first time ever – its approach to policing “unfair methods of competition” under Section 5 of the FTC Act.  While the…
Rank this Week: 1729

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
  • Aug 31

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS
    Earlier this month, a Michigan Court of Appeals affirmed a trial court’s order that Michigan State disclose the names of suspects redacted from university police incident reports.   ESPN, Inc. v. Michigan State University, No.…
  • Aug 28

    Scot Ganow Discusses the Ashley Madison Breach on 700 WLW

    Scot Ganow Discusses the Ashley Madison Breach on 700 WLW
    I have always written and spoken about the individual value for privacy and when it is violated, how that violation can be very personal and akin to trauma. The recent breach at Ashley Madison and the potential harm it may unleash on the…
  • Aug 27

    Is Footage of City Council Meetings Protected by Copyright Laws?

    Is Footage of City Council Meetings Protected by Copyright Laws?
    Not according to one federal judge in California. In City of Inglewood v. Joseph Teixeira, et. al., No. 2:15-cv-01815 (C.D. Ca. Aug. 20, 2015), United Stated District Judge Michael W. Fitzgerald found that California state law bars the city…
Rank this Week: 1683

Legal Bytes

Legal Bytes

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

http://www.legalbytes.com
  • Aug 17

    FTC Finally Defines ‘Unfair’

    FTC Finally Defines ‘Unfair’
    According to the FTC: “The basic consumer protection statute enforced by the Commission is Section 5(a) of the FTC Act, which provides that “unfair or deceptive acts or practices in or affecting commerce … are ……
  • Jul 7

    Beyond Legal: Social Media Promotion

    Beyond Legal: Social Media Promotion
    Yesterday (July 6, 2015), the Social Media Law & Policy Report™ published by Bloomberg BNA posted my article entitled: “Beyond Legal: What You Should Know About Social Media Promotions.” The article highlights some of…
  • Jun 5

    FTC Updates Its FAQs for Endorsement Guide

    FTC Updates Its FAQs for Endorsement Guide
    The Federal Trade Commission has just updated its version of Frequently Asked Questions, or FAQs, that relate to the “Guides Concerning the Use of Endorsements and Testimonials in Advertising” that went into effect December 1,…
Rank this Week: 1774

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 17

    Say Bye-Bye to $199 iPhones at Verizon

    Say Bye-Bye to $199 iPhones at Verizon
      As of August 13, Verizon Wireless is no longer going to subsidize the purchase of new cellphones. That means you can kiss that $199 price for iPhone 6 or Samsung Galaxy S6 goodbye. When you get a new phone, you’ll be asked to pay…
  • Aug 10

    Walmart’s Got the Lowest Priced Unlimited Cell Plan?

    Walmart’s Got the Lowest Priced Unlimited Cell Plan?
      Joe S. wrote to Mouse Print* last week about a Walmart television commercial for cell service that he thought was misleading. Here’s the commercial (and listen very carefully to their lowest price claim): It says “and at…
  • Aug 3

    Muscling In on Your Pocketbook

    Muscling In on Your Pocketbook
      PRNewswire, a respected firm that companies hire to disseminate their press releases, published an unusual one last year with the headline: “ScamOrNotReviews Announces Muscle Xlerator Review for 2014.” The release…
Rank this Week: 1743

OberIPWatch

OberIPWatch

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

http://oberipwatch.com/
  • 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…
  • Feb 12

    To understanding the copyright protections of pre-1972 sound recordings you have to Keep on Truckin’ with Hot Tuna and the sounds of the 60

    To understanding the copyright protections of pre-1972 sound recordings you have to Keep on Truckin’ with Hot Tuna and the sounds of the 60
    Do music streaming services need to pay royalties to play classic rock? It’s actually an open question. Some services have refused to pay performance royalties for all pre-1972 recordings. For many years, a false rumor persisted that…
  • Feb 4

    An Economic Turn for the Better: USPTO Lowers Trademark Fee

    An Economic Turn for the Better: USPTO Lowers Trademark Fee
    The cost of filing and maintaining federal trademark registrations with the USPTO just got lower.  On January 17, 2015, the PTO announced a $50 per class reduction in initial filing fees for trademark applications filed under the…
Rank this Week: 1836

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 1764

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/
  • Aug 31

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS

    MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM UNIVERSITY POLICE INCIDENT REPORTS
    Earlier this month, a Michigan Court of Appeals affirmed a trial court’s order that Michigan State disclose the names of suspects redacted from university police incident reports.   ESPN, Inc. v. Michigan State University, No.…
  • Aug 28

    Scot Ganow Discusses the Ashley Madison Breach on 700 WLW

    Scot Ganow Discusses the Ashley Madison Breach on 700 WLW
    I have always written and spoken about the individual value for privacy and when it is violated, how that violation can be very personal and akin to trauma. The recent breach at Ashley Madison and the potential harm it may unleash on the…
  • Aug 27

    Is Footage of City Council Meetings Protected by Copyright Laws?

    Is Footage of City Council Meetings Protected by Copyright Laws?
    Not according to one federal judge in California. In City of Inglewood v. Joseph Teixeira, et. al., No. 2:15-cv-01815 (C.D. Ca. Aug. 20, 2015), United Stated District Judge Michael W. Fitzgerald found that California state law bars the city…
Rank this Week: 2058

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 10

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Los Angele

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Los Angele
    Join us on Wednesday, August 26, for the Joint Policy Committee’s Los Angeles Town Hall Meeting, hosted by The TEAM Companies.  Our discussion will include: Resolution of SAG-AFTRA CBA Issues Overview of the Audit Process…
  • Jul 28

    Today’s Hot Topic: Sponsorship Identification in Advertising

    Today’s Hot Topic: Sponsorship Identification in Advertising
    From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising.  One such guideline involves sponsorship identification. Per the network guidelines, advertising must contain proper…
  • Jul 17

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad
    Google has announced a new advertising policy for pharmaceutical companies that presents significant issues and dictates immediate changes.  Effective July 20, pharmaceutical companies can no longer run pharmaceutical ads in the…
Rank this Week: 2298

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: 2143

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 2316

Information Law Group

Information Law Group

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

http://www.infolawgroup.com/
  • Aug 24

    Know your Privacy Policy and Practices: An Important Reminder Illustrated by Recent FTC Action

    Know your Privacy Policy and Practices: An Important Reminder Illustrated by Recent FTC Action
    The Federal Trade Commission’s (“FTC”) announcement last week of settlements with 13 separate companies for charges of falsely advertising certification with the U.S.-EU and/or U.S.-Swiss Safe Harbor Frameworks (“Safe…
  • Aug 20

    Blue Apron and Others Face Spate of Suits under CA Auto-Renewal Law

    Blue Apron and Others Face Spate of Suits under CA Auto-Renewal Law
    A purported class action lawsuit was recently filed against meal-delivery service Blue Apron based on its alleged failure to satisfy the requirements of California’s law regulating automatic-renewal provisions in consumer contracts…
  • Jul 24

    McLean B. Sieverding Joins InfoLawGroup As Senior Counsel

    McLean B. Sieverding Joins InfoLawGroup As Senior Counsel
    InfoLawGroup is happy to announce that McLean B. Sieverding has joined the firm as Senior Counsel. Most recently, McLean served as Assistant General Counsel for Int’l Data Protection & Regulatory Compliance at Verizon…
Rank this Week: 2678

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 10

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Los Angele

    Stay in Tune with SAG-AFTRA – Town Hall Meeting in Los Angele
    Join us on Wednesday, August 26, for the Joint Policy Committee’s Los Angeles Town Hall Meeting, hosted by The TEAM Companies.  Our discussion will include: Resolution of SAG-AFTRA CBA Issues Overview of the Audit Process…
  • Jul 28

    Today’s Hot Topic: Sponsorship Identification in Advertising

    Today’s Hot Topic: Sponsorship Identification in Advertising
    From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising.  One such guideline involves sponsorship identification. Per the network guidelines, advertising must contain proper…
  • Jul 17

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad

    Changes to Google Ad Policy to Affect Pharmaceutical Industry; Requires Immediate Action to Paid Search Ad
    Google has announced a new advertising policy for pharmaceutical companies that presents significant issues and dictates immediate changes.  Effective July 20, pharmaceutical companies can no longer run pharmaceutical ads in the…
Rank this Week: 2475

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/
  • Aug 28

    Cheerleader Uniform Designs Eligible for Copyright Protection, Sixth Circuit Rule

    Cheerleader Uniform Designs Eligible for Copyright Protection, Sixth Circuit Rule
    In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection. The US Copyright Act does not provide protection for functional aspects of…
  • Aug 18

    The Start of a New Wearable Brand Battle

    The Start of a New Wearable Brand Battle
    Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance. Jawbone recently filed three lawsuits in three different courts,…
  • Aug 14

    IKEA Repair Program Not Labeled “Recall” By CPSC

    IKEA Repair Program Not Labeled “Recall” By CPSC
    On July 22, 2015, the Consumer Product Safety Commission (CPSC) and the Swedish consumer products company, IKEA, issued a joint press release to announce a “repair program,” addressing a furniture tip-over safety hazard posed by…
Rank this Week: 3956