Likelihood of Confusion

MARCH 30, 2025

Originally posted 2010-11-18 18:43:32. Republished by Blog Post PromoterRichard Bergovoy: The only thing worse for a licensor than losing money when its licensee files for bankruptcy is paying attorneys fees on top of that to stop the bleeding.

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Blogging Trademark Law Contracts Licensing 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front.

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Trademark Contracts Blogging Fair Use 115

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The Silvaco court also cautioned that “the expansion of conversion law to reach intangible property should not be permitted to ‘displace other, more suitable law.’”

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Licensing Copyright Contracts Advertising 105

Intepat

MAY 12, 2023

Not all states are contracting parties under the Madrid Protocol, such as Hong Kong, Afghanistan, Bangladesh, Nepal, Pakistan, etc. Therefore, in countries such as these which are non-contracting parties. the applicant would be required to file separate applications in order to garner protection for their mark.

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Registration Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. Let’s see how it unfolded.

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Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Note: can trademark owners take advantage of the US jurisdiction consent between the online marketplace and its third-party sellers? Normally trademark owners aren’t third-party beneficiaries of that contract.

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