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The Trademark Blog

Published by Martin Schwimmer

Likelihood of Confusion

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Perhaps Katonah Is The Real SURF CITY

By Marty Schwimmer on April 12, 2007
Posted in Likelihood of Confusion

WSJ: “Goin’ to Surf City? Two Coastal Towns Claim the Title”

I Heart Dispute

By Marty Schwimmer on April 3, 2007
Posted in Likelihood of Confusion

WSJ.com: “We Heart Trademark Disputes Involving People Named Stewart” (re I Heart NY and the KATONAH matters).

Chooseco v. Daimler

By Marty Schwimmer on April 1, 2007
Posted in Likelihood of Confusion

Citizen.com: Children’s book series founder sues over trademark use”:
“R. A. Montgomery, founder of the children’s interactive book series Choose Your Own Adventure, and his company Chooseco LLC of Waitsfield, Vt., are suing DaimlerChrysler, BBDO Detroit, Organic and Marvel Entertainment in U.S. District Court for trademark infringement.
DaimlerChrysler features the trademark Choose Your Own…

I Have The Face For Radio, continued

By Marty Schwimmer on March 21, 2007
Posted in Likelihood of Confusion

I participated in a podcast regarding the iPhone dispute (prior to its being settled) on the belatedly named This Week In Law with Denise Howell.

THE DIG v. DIGG

By Marty Schwimmer on February 28, 2007
Posted in Likelihood of Confusion, What Is This Thing Called Dilution?

Lucas Films has a registration for THE DIG, a video game from 1995, used copies of whichI found for sale on eBay and on Vintagegaming.org.
DIGG is an archetypical ‘user content’ website – it is a news and information site listing stories from all over the web, based on voting by Digg members. Perhaps you’ve…

Has Levis Sued Esprit Again?

By Marty Schwimmer on February 15, 2007
Posted in Likelihood of Confusion

I reported in 2003 that Levis had sued Esprit over a red tab on jeans. I see that Levis has sued ‘Esprit Us Distribution’ in the Northern District of California, on Tuesday. There are no news reports, and the complaint isn’t available on ECF. I might as well link to my recent post on…

Possible The Last iPodMonday

By Marty Schwimmer on February 12, 2007
Posted in Likelihood of Confusion

Read the correspondence between Apple and <a href="shelby coupe.jpg“>iPodMonday while you can.

Apple Ends Dispute With Beatles Over Trademarks

By Marty Schwimmer on February 5, 2007
Posted in Branding, International, Likelihood of Confusion

Bloomberg: Apple Ends Dispute With Beatles Over Trademarks
In 2003, I wrote here:
“In 1989 Apple Computer paid Apple Corps. (the Beatles’ label) $27 million to settle a trademark lawsuit. I believe that Apple also paid several million in legal fees at the time (Apple’s unsuccessful attempt at getting insurance to pay its fees reported…

2d Cir: Shake It Like A Polaroid Factor

By Marty Schwimmer on January 12, 2007
Posted in Likelihood of Confusion

2d Circuit decision in Louis Vuitton v Burlington Coat Factory discussing proper application of the Polaroid factors (the test of likelihood of confusion in these parts):
In applying the Polaroid factors during resolution of the parties’ claims at a trial
on the merits, the District Court should consider not only the potential for consumer
confusion…

Unfrigginbelievable – Cisco Sues Apple Over iPhone

By Marty Schwimmer on January 10, 2007
Posted in Likelihood of Confusion

Reuters reports that Cisco sues Apple over its use of IPHONE. Yesterday, Cisco had indicated its belief that it would receive a signed copy of an agreement.
UPDATE: Cisco alleges use of front company.
There’s a U.S. application filed here in September, claiming March 2006 priority based on a Trinidad and Tobago application,…

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