Likelihood of Success

LIKELIHOOD OF CONFUSION®

• got what, now? June 19, 2013
  If you’re reading this, then the settlement check has cleared. But you’ll never believe who paid whom for what! My friend—whom I will call Bryan (not his real name)—has just wrapped up, with my personal and professional help, some odd dealings with the California Milk Processor Board. Yes, the “got milk?” people. Yes, because Bryan […]
• Generic genericness June 18, 2013
  What is “generic genericness”?  I just coined the phrase.  It refers, I maintain, to a genericness defense against infringement made by the junior user of a trademark where the English word on which the defense is premised doesn’t, well, exist, but the defendant maintains that the mark is so generic-y — i.e., so much like other […]
• Criminals drawn to IP business June 13, 2013
  Originally posted 2007-08-19 20:52:41. Republished by Blog Post PromoterNot surprisingly, professional crooks have figured if you can’t beat ‘em, join ‘em: Four enterprising prison inmates have been accused of trying to blackmail their way out of jail after they copyrighted their names and then demanded millions of dollars from jail officials for using them […]
• Ghost Rider vs. Free Riders? June 13, 2013
  News from the Second Circuit Court of Appeals: The man who might have created the Marvel Comics superhero/anti-hero Ghost Rider… well, might in fact have created Ghost Rider, and might not have transferred all of his rights in the character forever. In both are true, then Marvel might have infringed upon his copyright many times […]
• One-World Government to U.S.: First Amend THIS June 11, 2013
  Originally posted 2005-03-22 22:10:00. Republished by Blog Post PromoterA United Kingdom court has entered a crippling libel award against Rachel Ehrenfeld, author of the book Funding Evil: How Terrorism Is Financed and How to Stop It, which is a tad critical of the ruling family of Saudi Arabia. Editor and Publisher, per Glenn, reports on […]