Likelihood of Success

LIKELIHOOD OF CONFUSION®

• In the Arena: A Sports Law Handbook May 23, 2013
  I contributed a chapter called “How Trademark Protection Intersects with the Athlete’s Right of Publicity” in a new book called In the Arena: A Sports Law Handbook.  Its publication, in true bar association fashion, was secretly announced last week.  Seeing, however, as how someone named “Packing Slip” sent me two copies in a plain-brown box, I guess […]
• Get a gripe May 23, 2013
  Originally posted 2007-09-19 16:46:04. Republished by Blog Post PromoterTom Crandall considers “When A Gripe Site Is Manipulated By A Competitor” — and gets a crack expert opinion in there. Says Tom: I believe we are entering a very dark period of the web, folks. The vitriol and deceit of political players and media in the […]
• Norman Blagman versus the whole digital music industry: Round 1 to Blagman. May 23, 2013
  I can’t write a better introductory sentence than Judge Andrew Carter of the United States District Court for the Southern District of New York did to open his May 20, 2013, order and opinion in Blagman v. Apple Inc., so here is His Honor’s: On October 12, 2012, Plaintiff Norman Blagman filed an amended class action […]
• "The War on Speech" May 17, 2013
  Originally posted 2005-02-11 11:05:00. Republished by Blog Post PromoterVia Instapundit, Ryan Sager of the New York Post writes about the absurd state of affairs where today’s U.S. Supreme Court seems to have very little interest in free speech — the kind of free speech that the Constitution actually contemplated (as opposed to kiddy-cyber-porn, which is [.. […]
• Copyright: Creative is as creative does May 17, 2013
  Most of my writing here about copyright law concerns the misuse and abuse of its heavily pro-plaintiff provisions such that there is little or no incentive against the filing of meritless claims of infringement.  In particular I have focused on scams such as Righthaven, the now-defunct copyright trolling operation, and the use or threatened use […]