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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 26

    Infringements of the heart

    Infringements of the heart
    Would you ever have thought that the question of whether a party is tortuously liable for inducing another to infringe a patent depends on what is in the inducing parties heart? If you did, today the Supreme Court decided in Commil v. Cisco…
  • 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…
Rank this Week: 86

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • May 26

    Seth in Sweatpants.

    Seth in Sweatpants.
    –Aaron Keller, Managing Principal, Capsule Okay, rockstars are who they are because they’ve done something to earn it. This applies to the ones who play guitar and those who write books and get up on stages and inspire millions…
  • May 25

    Top Ten Questions About Rapala Minnocchio

    Top Ten Questions About Rapala Minnocchio
    In typical DuetsBlog tradition, here is Rapala’s 2015 billboard for the fishing opener, albeit a few weeks late: I’ll have to admit, I like the telescoped Minnocchio word, and the consistent graphic display from past years, but my…
  • 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…
Rank this Week: 91

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • May 26

    DMCA hearings, phone/tablet unlocking

    DMCA hearings, phone/tablet unlocking
    Copyright Office: Jacqueline CharlesworthMichelle ChoeRegan Smith Cy DonnellySteve RuheJohn RileyStacy Cheney (NTIA) Proposed Class 11-12: Unlocking – wireless telephone handsets and tablets Proposed class 11 would allow the…
  • May 26

    I intervene in SanMedica v. Amazon to disclose clickthrough

    I intervene in SanMedica v. Amazon to disclose clickthrough
    Kind of a busy day.  With the invaluable help of Public Citizen, I filed a motion to intervene and unseal in the SanMedica case, in which the court redacted the number of clickthroughs received by Amazon as a result of its ads using…
  • May 26

    DMCA hearings, security research, opponent

    DMCA hearings, security research, opponent
    Security research continued, opponents Copyright Office: Jacqueline CharlesworthMichelle ChoeRegan Smith Cy DonnellySteve RuheJohn RileyStacy Cheney (NTIA) Opponents:Christian Troncoso, BSA | The Software Alliance: we support good…
Rank this Week: 109

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 25

    A Few More Recent Trademark Decision

    A Few More Recent Trademark Decision
    WD Wash: If You Negotiate W/ Def, Ask That They Agree To Waive SoL/Laches First Eat Right v Whole Foods http://t.co/D8NH7U81pj — TrademarkBlog (@TrademarkBlog) May 25, 2015 "Original" as a Misstatement under 43(a)1(B) The Original Bomb…
  • May 25

    Recent Trademark Decision

    Recent Trademark Decision
    "No coherent recitation of facts" http://t.co/2QXBasU5ru — TrademarkBlog (@TrademarkBlog) May 25, 2015 ND CAL: WII PLAY MOTION not counterfeit of PLAYMOTION! http://t.co/6dnK4Kjper — TrademarkBlog (@TrademarkBlog) May 25, 2015…
  • May 25

    Complaint: Gucci v Alibaba, SDNY

    Complaint: Gucci v Alibaba, SDNY
    gucci alibaba complaint.pdf by martyschwimmerSorry the embed feature seems to be broken follow the link to the document
Rank this Week: 305

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: 373

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: 577

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: 890

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: 955

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: 1118

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 25

    Elaborate Fake Schools Lure Students, Fool Employer

    Elaborate Fake Schools Lure Students, Fool Employer
      Last week, the New York Times featured an extraordinary in-depth investigative piece about a company in Pakistan that has allegedly created over 100 fake high school and university websites (see list) that hand out fake degrees.…
  • 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…
Rank this Week: 1309

Canadian Advertising and Marketing…

Canadian Advertising and Marketing Law

Covers Canadian advertising law. By Steve Szentesi.

http://www.canadianadvertisinglaw.com/
Rank this Week: 1287

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: 2250

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: 2496

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: 2688

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: 3208

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: 3201

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: 4219

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: 4900

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: 4993

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: 4989

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: 4095

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: 4974

AdMark Buzz

AdMark Buzz

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

http://www.lockelordadmark.blogspot.com/
Rank this Week: 5077