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Likelihood of extrusion

Likelihood of Confusion

I’ll be offline and unaccountable for comment moderation, glitch control or anything else until the night of the 3rd (Sunday), New York time: Here’s a nice thought on the topic, apropos for our 24/6 social media lifestyle: The 21st century is certainly a marvelous […] The post Likelihood of extrusion appeared first on LIKELIHOOD OF (..)

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Cease and desist: Tough but fair

Likelihood of Confusion

Duets Blogger Steve Baird, no defense-side snowflake, has agreed with me in the past on this topic. He has a new post that includes some great advice for would-be trademark enforcers, whom he advises to put […] The post Cease and desist: Tough but fair appeared first on LIKELIHOOD OF CONFUSION™.

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Don’t say it! SUPER BOWL®, that is.

Likelihood of Confusion

And I only raise the topic because that is my excuse for missing this epochal commercial riffing. appeared first on LIKELIHOOD OF CONFUSION™. I don’t watch a lot of TV — don’t even have one, actually. The post Don’t say it! SUPER BOWL®, that is.

Fair Use 105
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What Are the DuPont Factors in a Trademark Confusion Analysis?

Erik K Pelton

The following is an edited transcript of my video What Are the DuPont Factors in a Trademark Confusion Analysis? A topic that comes up all the time in our line of work is the DuPont factors, and the analysis of them. The nature and extent of any actual confusion, if there has been, between the two marks at issue.

Trademark 130
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SUPER HERO® my foot

Likelihood of Confusion

UPDATE: Our NPR interview on this topic was on NPR’s “All Things Considered” just before 6 tonight. We blogged on this topic last week. Today the LA Times weighs in, The post SUPER HERO® my foot appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 105
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Scalping consumers

Likelihood of Confusion

Private-label branding is a huge topic, and a very interesting one. The post Scalping consumers appeared first on LIKELIHOOD OF CONFUSION™. I wrote a huge post about it here, focusing on Hellman’s (or, for you westerners, Best Foods) mayonnaise lookalikes.

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Domain names and fair use

Likelihood of Confusion

The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic of interest around here, from. The post Domain names and fair use appeared first on LIKELIHOOD OF CONFUSION™.