Blog title

This is not a “legal blog” nor an advertisement for legal services, although I am a lawyer. Nonetheless, the title of the blog, “Likelihood of success,” short for “likelihood of success on the merits,” is a term used by courts to describe one of the factors considered when evaluating whether to grant a preliminary injunction: In order to merit the “unusual” remedy of preliminary relief, the party that wants the injunction has to be able to convince the court, on a preliminary basis — meaning before the record is fully developed — that one of the reasons it is entitled to immediate relief is that it will probably win the case anyway.

Considering the nature of blogging, this seems a very apt little phrase for a title, especially if you are a lawyer and you already have a blog about trademark law using the similar-sounding, though conceptually unrelated, phrase LIKELIHOOD OF CONFUSION®. And I am, and I do. That blog is an advertisement for legal services. This is not.

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    • Tens years of Overlawyering
      Overlawyered turns 10.  Congratulations!  There was really blogging ten years ago? I didn’t miss the anniversary.  I just didn’t want to be accused of cadging for a link. […]
    • Holding Caulfield (corrected)
      I could have linked to a million stories on this, but Publishers Weekly seems appropriate: Finding that author J.D. Salinger is “likely to succeed on the merits of its copyright case,” a federal judge granted a preliminary injunction late on Wednesday afternoon, barring the publication of what Salinger’s attorneys called an unauthorized sequel to The Catcher […]
    • He just bought it like that
      Impulse buying, King of Pop style: Branca had a surprise for Jackson. The attorney said casually, ‘By the way, the ATV catalogue is available.’ Jackson looked puzzled. Branca added teasingly, ‘It includes a few things you might be interested in.’ ‘Like what?’ Jackson asked. ‘Northern Songs,’ Branca replied. Jackson recognized that name. ‘You mean the Norther […]
    • Royal mess
      Burger King’s trademark place is kind of funny.   If you Google His Majesty’s Monicker along with the word TRADEMARK, you get this link, which not only asserts, naturally, his royal BURGER KING® registered mark, but the far more dubious BK® mark down at the bottom, yet not at all (on that page) the ancient [...] […]
    • When you’re a hammer
      The whole world is a nail. Now Marty Schwimmer isn’t a hammer, because he does trademarks and not patents, see.  So this post connecting Michael Jackson and intellectual property is not proof that Michael Jackson’s death is a nail! (Single-glove-tip on the actual patent to Andie Schwartz!) […]
  • Likelihood of Exposure

    Evening alight

    Storming over from Jersey

    The assault

    After the deluge

    Calm in the west

    Another picture of 34th Street

    Snatch of convergence

    Rolex Building

    More Photos
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