- Absolutely flawed December 10, 2013Michael Atkins, the estimable Seattle Trademark Lawyer (true, there are others!), writes on the subject both Matthew and I have written about at length here: The outcome of the CHARBUCKS trademark case. He says this: Because trademark dilution doesn’t require an owner to show likelihood of confusion — and, therefore, provides super-trademark rights — the f […]
- On context at the intersection of mass tort litigation and intellectual property. December 9, 2013There isn’t much of an intersection of mass tort litigation and intellectual property law, but here’s a tidbit that falls squarely into that slim territory: In August of 2010, Johnson & Johnson subsidiary DePuy Orthopaedics recalled a replacement hip device—the embattled metal-on-metal ASR—for a variety of reasons. Predictably, lawsuits followed, leading […]
- Brand Us December 5, 2013Originally posted 2005-11-17 13:29:55. Republished by Blog Post PromoterDistasteful? Or just an honest day’s work for the town on the make?
- The Art of Battling Giants December 5, 2013The David versus Goliath concept doesn’t just appeal to me, it’s one of the themes of my professional life. One of my clients, in fact, just sent me the Malcolm Gladwell book that’s all the rage now — though let’s not forget Glenn Reynolds and his Army of Davids. In any case, in light of […]
- An answer to the musical question December 3, 2013Originally posted 2007-03-21 19:12:17. Republished by Blog Post PromoterUnsurprising news: In a dramatic acceleration of the seven-year sales decline that has battered the music industry, compact-disc sales for the first three months of this year plunged 20% from a year earlier, the latest sign of the seismic shift in the way consumers acquire music. At [... […]
- Absolutely flawed December 10, 2013
Likelihood of Exposure