Not a lot of time to blog these days but this Slate piece from Michael Kinsley is a must-read. Excerpt: [T]he Times believes that its First Amendment right to speak includes a right (for journalists only) not to speak when subpoenaed in a criminal investigation. Meanwhile, it cannot see how a right to speak includes […] The post Kinsley on The New York Times’ next First Amendment embarrassment appeared first on LIKELIHOOD OF CONFUSION ..read more

Some people, it seems.  You know what I mean. Instapundit Glenn Reynolds mentioned casually to ten or a hundred thousand of his closest friends that he was having the darndest time freeing up his INSTAPUNDIT® trademark so that it could be used — by him — as a Twitter username. Well he, with the help […] The post Insta-results appeared first on LIKELIHOOD OF CONFUSION ..read more

Dead horse?  You’d think so.  Copyright statutory damages, that is.  We’ve been there, and done that, right? Not according to Larry Zerner, who says the calls are still coming in: Because my firm will sometimes handle copyright infringement cases on a contingency fee basis, I often get phone calls that go something like this. Caller: I would […] The post Money for nothing appeared first on LIKELIHOOD OF CONFUSION ..read more

Marty Schwimmer writes about “Real Trademark Issues In Virtual Worlds.”  This is one of the edges that’s just bleeding all over the place. Originally posted 2009-10-23 14:01:04. Republished by Blog Post Promoter The post Virtual trademarks, real money appeared first on LIKELIHOOD OF CONFUSION ..read more

I have — win, lose or draw — kept you all abreast of the progress of the various lawsuits against PissedConsumer.com (otherwise known as Opinion Corp.), the gripe site that people hate so much. Why do some people hate PissedConsumer.com?  Because they assume whatever someone writes about them in a lawsuit must be true!  This is […] The post PissedConsumer.com: Devere Group v. Opinion Corp. appeared first on LIKELIHOOD OF CONFUSION ..read more

I wrote last year about Hollywood’s getting its collective nose out of joint over CleanFlicks, a service that shaves the titillating edges of popular culture so that parents and children with different standards from those of Hollywood can enjoy that institution’s estimable output without mutual embarrassment. It sounds like a copyright / creative freedom dispute; […] The post Update: Sewage Treatment appeared first on LIKELIHOOD OF CONFUSION ..read more

That’s summary judgment, or worse, against you or your client.  Last February we reported on a decision in which a federal magistrate judge ruled, unsurprisingly, that there is no “social networking privilege.” Now Walter Olson reports and links on further developments and thoughts as follows: Nowhere to hide: When your litigation opponent subpoenas your Facebook, […] The post Social networking your way to summary judgment appeared first on LIKELIHOOD OF CONFUSION ..read more

The Associate Press reports: DES MOINES, Iowa Maytag may have to change the name of a new kitchen appliances. That’s after a small business owner in New Hampshire won a trademark infringement case against the Iowa appliance maker. A federal jury in Concord, New Hampshire, has found in favor of Attrezzi Fine Kitchen Accessories. Maytag’s […] The post The Lonely Maytag Trademark appeared first on LIKELIHOOD OF CONFUSION ..read more

Reprinting my annual Passover post. The first seder is tonight, Friday, March 1st. I’ll be offline and unaccountable for comment moderation, glitch control or anything else until the night of the 3rd (Sunday), New York time: Here’s a nice thought on the topic, apropos for our 24/6 social media lifestyle: The 21st century is certainly a marvelous […] The post Likelihood of extrusion appeared first on LIKELIHOOD OF CONFUSION ..read more

Last week’s topical tweets via @roncoleman: RT @LawWriting There is no great writing, only great rewriting. ~ ~ Justice Louis Brandeis RT @MegLG Redskins litigants win support from psychologists, justice advocates in TM expungement suit http://ow.ly/wO4Q RT @westlaw Headnote of the Day for 10/29/09: “Suggestive marks” are as easy as Eskimo Pie http://bit.ly/headnote “HItler on copyright”update – […] The post A week of tweets appeared first on LIKELIHOOD OF CONFUSION ..read more