LIKELIHOOD OF CONFUSION blog

The politically incorrect LIKELIHOOD OF CONFUSION® blog on brands, trademark & copyright law by lawyer @roncoleman. I walk alone

[LIKELIHOOD OF CONFUSION blog @likely2confuse]

Reminder: Phrases and slogans usually do not function as #trademarks

https://t.co/x49vnXWPUV

[Eric W. @EWess92]

Supreme Court Opinions: Hikma Pharma v. Amarin Pharma. "The central question is whether [Pltf.] alleged that [Def.] actively encouraged infringing use, not merely whether doctors could plausibly read the alleged statements as instructions to infringe." 7-0, Justice Jackson

[Anshul @icanflyD]

@nicksortor @elonmusk Rockets are hard’ might be the coldest corporate condolence tweet ever 😭....

[Nick Sortor @nicksortor]

🔥 EPIC! An ICE ERO agent was spotted outside ICE’s Newark facility wearing a Rolex Submariner with a WE THE PEOPLE tattoo on his arm

Holy freaking patriot 🇺🇸

[Christopher Fishell @chieffishell]

Every one of these schizos is a wonderful contributor to human knowledge

[Peter Girnus 🦅 @gothburz]

The full system: How Nike's SVP of Cultural Strategy built the model that turns identity anxiety into free advertising — from a $6B Kaepernick proof-of-concept to a quarterly Cultural Tension Index for every country with a national team.

The Fault Line room. The ROAR dashboard. The "Sentiment Reservoirs" folder containing every populist platform in Western Europe indexed by activatable emotion. The reason the ad is CORRECT — and why correctness generates 3x more controversy than a lie.

"Representation is cheaper than redistribution. That is the sentence that got me promoted."

https://t.co/oRCNHtVSCO

[Daniel Friedman @DanFriedman81]

X-Men is a Jewish comic, created and written through its peak era by Jews, about Jewish politics and antisemitism.

The circumstances of the mutants — a tiny minority who are hated and feared by the masses, and are the subject of wild conspiracy theories for which they are persecuted by masses who believe themselves to be persecuted by the mutants — does not analogize cleanly to antiblack racism or homophobia, but maps precisely onto antisemitism.

Xavier is a liberal Zionist and Magneto is a radical Zionist. Days of Future Past is about the Holocaust. Various arcs about mutants starting a homeland are all about the founding of Israel. There was a Claremont arc where Xavier and Magneto actually went to Israel. Xavier had an affair with an Israeli woman while he was there and his son David Haller — Legion — is an Israeli Jew.

Claremont based Magneto on Menachem Begin, trying to take him on an arc starting with the Irgun and ending with the peace treaty with Egypt.

And all of this is exactly why far left writers who get control of this franchise will do everything in their power to turn it into the most antisemitic thing ever.

[Ajit Pai @AjitPai]

Note for less-cultured Europeans: you can only call it Kirkland Cabernet Sauvignon if it comes from the Costco region of the United States.

[SCOTUS Wire @scotus_wire]

🚨 Justice Elena Kagan, acting alone and without referring the matter to the full Court, denied Apple’s emergency request to pause the Epic Games App Store case.

The lower courts found Apple violated a court order requiring it to let app developers direct users to outside payment options after Apple imposed a new 27% fee on purchases made outside the App Store.

[Alex Hollings @AlexHollings52]

The guy stealing my content and posting it on YouTube has reached out to me about my Copyright strikes... to tell me that he's open to "discussing a fair revenue-sharing arrangement" for my work that he stole.

You can't make this stuff up.

[Margot Cleveland @ProfMJCleveland]

Wait! WHAT?

[Marc J. Randazza 🇺🇸 🇮🇹 🇧🇷 @marcorandazza]

My partner is the guy to follow for AI and intellectual property weirdness.

[Matthew Tokson @mtokson]

Justice Barrett says "I feel like I get ads when I'm in particular locations" from Google and Unikowsky has to explain how Google data disclosures work. The Court's lack of knowledge about the technology and practice at issue in this case is palpable.

[Rob Freund @RobertFreundLaw]

Here's a case that shows how one word can make a huge difference in a contract.

Dimebag Darrell's trust sued Dean Guitars for using Dime's likeness and endorsement after the licensing agreement ended.

Long story short, Dean Guitars won because the agreement required ceasing production of the endorsed guitars upon "termination," not "termination or expiration."

The agreement expired; it was never terminated. That single drafting choice cost the Trust its core contract breach theory.

This is a pet issue of mine, but: if you "save $800/hr on legal drafting fees" by having Claude write your contracts, are you going to catch that "or expiration" is missing?

Maybe you would, maybe not.

Maybe it will never matter. But it when it does, that $800/hr will have been worth it.

[~~datahazard~~ @fentasyl]

@ShadowbanSlam Such a top tier logo

[Law360 @Law360]

The full Fifth Circuit narrowly signed off on a Texas law requiring public schools to post copies of the Ten Commandments in classrooms, ruling that the law is indeed constitutional and reversing a lower court's injunction blocking the measure. https://t.co/ytXzhlOxKW

[Karol Markowicz @karol]

A reminder than in 2022 SPLC (and the ADL 🙄) worked with PayPal to decide which "extreme" groups to remove from PayPal's service...all the while funding actually extreme groups.

[Oilfield Rando @Oilfield_Rando]

“But what if Elmo is paid $270,000 by the Southern Poverty Law Center to say it? Can Elmo say it then?”

[Reuters Legal @ReutersLegal]

Sullivan & Cromwell, a premier Wall Street law firm, apologized to a federal judge for submitting a court filing with inaccurate citations and other errors generated by artificial intelligence. https://t.co/4c9dZLNuWS

[TTABlog @TTABlog]

TTABlog Test: Are Perfume and Clothing Related Under Section 2(d)? https://t.co/TRbw7o6Dq5