Intellectual Property Law

My favorite infringements

Posted on December 28, 2007
Boing Boing: “Copyright infringement is your best entertainment value.” I can think of others, frankly, but fine. As long as we’re calling a spade a spade!

“I’m looking over a four-leaf clover…”

Posted on December 27, 2007
“That I overlooked,” says Bugs Bunny, “be-three!” Well, this one has not been overlooked — by anyone.

Show me the money

Posted on December 27, 2007
Just registering or making minimal use of a domain name, much less “parking” it, is not “use in commerce.” There’s got to be some… commerce! Most lawyers practicing in the area of trademark law know this, but LIKELIHOOD OF CONFUSION® exceeds ordinary aspirations and speaks directly to its people — the people who call up [...

A free market moment

Posted on December 25, 2007
Stephen Laniel finds, in trademark law, reason not to throw the whole thing over: The public-health justification for trademark law is pretty clear: if the law defends my product brand at the point of a gun, I have an incentive to strengthen that brand...

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Not much hope for “Famous Marks” in the Empire State

Posted on December 25, 2007
The TTABlog reports that the New York [State] Court of Appeals, on certification from the U.S. Court of Appeals for the Second Circuit (don’t confuse those two courts of appeals!), has put the kibosh on attempts to breathe much life into the “famous marks” doctrine as a matter of New York state law...

Search or destroy

Posted on December 24, 2007
The Cincinnati Enquirer reports this chilling story: A local attorney and instructor in legal studies at the University of Cincinnati?s Clermont College has been hit with a $1.3 million malpractice judgment for negligence that helped put a local company out of business...

The usual stupidity

Posted on December 23, 2007
I?m Not A Trademark, Bro!: AT! admires the entrepreneurial nature of the applicants for the following marks: DON?T TASE ME, BRO! for various shirts, DON?T TAZE ME BRO! for books, puzzles, posters, and the line, and DON?T TASE ME, BRO! for jackets, pants, and other clothing...

Likelihood of Success

Posted on December 22, 2007
(This is kind of an advertisement, the kind for which you get no money. Right — blogging.) Likelihood of Success is my “general interest”/politics blog. Go ahead, click. Unlike LIKELIHOOD OF CONFUSION®, it has a great jawline, an aquiline nose and perfectly white teeth!

The Nutty Ninth

Posted on December 21, 2007
Michael Atkins: The Ninth Circuit yesterday addressed the question: ?whether an award of statutory damages for trademark counterfeiting under 15 U.S.C. § 1117(c) precludes an award of attorney?s fees under 15 U.S.C. § 1117(b).? Reversing the Central District of California in the case of K and N Engineering, Inc...

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