Likelihood of Success

LIKELIHOOD OF CONFUSION®

• Rosetta Stone v. Google: Lost in translation September 1, 2010
  When courts consider search engine company liability for trademark infringement, whether direct or indirect, they typically focus on the sale of “trademarked” keywords, or search terms, to third parties for use in advertising and directing internet traffic to websites that compete with the trademark owner, as recently demonstrated in Rescuecom v. Google. If […]
• Grey is OK August 30, 2010
  Originally posted 2006-04-05 12:48:34. Republished by Blog Post Promoter The Business Review (Albany) reports (reg. required) on what could be a very important decision relating to the importation of grey goods: The U.S. Court of Appeals for the Federal Circuit has directed the U.S. International Trade Commission to reconsider its ruling prohibiting domestic […]
• Not safe for work August 30, 2010
  Blawg Review #279 is up at Mirriam Seddiq’s Not Guilty blog. It’s not safe for work.  Unless you work in a law office. Home… that’s something else. Not safe for work ©, . […]
• ABA Journal on Bloggers August 25, 2010
  Originally posted 2005-07-15 14:09:49. Republished by Blog Post PromoterThe ABA Journal has an article on bloggers which mentions the Media Bloggers Association and quotes my own self. This is progress, I guess: Ten years ago I was writing for the ABA Journal, and now the ABA Journal‘s writing about me! That doesn’t mean I’ll rejoin […]
• “Infinity Dollars” — IP damages and the jury, Part 1 August 25, 2010
  Originally posted 2009-06-19 12:07:08. Republished by Blog Post PromoterA lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about.  They are not supposed to be a windfall (discussed more here).  But just tell that to the jury that awarded “infinity dollars” — practically — to the […]