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The Trademark Blog

Published by Martin Schwimmer

Likelihood of Confusion

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Hard Rock Cafe v. Hard Lox Cafe

By Marty Schwimmer on September 20, 2006
Posted in Likelihood of Confusion

Hard Rock Cafe complains re use of HARD LOX CAFE as name of not for profit festival. Note reference to how Hard Rock was ‘obligated’ to complain.

My Life, My Card, My Second Lawsuit

By Marty Schwimmer on September 20, 2006
Posted in Likelihood of Confusion

Second time someone claimed prior rights in American Express’ MY LIFE MY CARD slogan.
First time reported here, apparently later settled.

EBay Sues Over Its ITs

By Marty Schwimmer on September 12, 2006
Posted in Likelihood of Confusion

it on ebay.jpg
world auction it.jpg
From the Plaintiffs’ Lawyer Blog, we learn that eBay is suing WorldClassAuctions.com (source of the second tagline above) on 13 counts of trademark infringement (link to complaint there). EBay alleges trade dress in its home page (always an interesting theory), as well as its IT mark.

Boycott Old Navy If You Feel Like It

By Marty Schwimmer on August 10, 2006
Posted in Likelihood of Confusion

Details via Counterfeit Chic here.

Foley v. Foley Con’t

By Marty Schwimmer on August 8, 2006
Posted in Likelihood of Confusion

Foley firm settles trademark dispute with Foley firm.
Suggested advertising slogan for everyone else:
“Go With The Trademark Firm Not Embroiled In A Trademark Dispute”

You Can Get Dizzy Thinking About This

By Marty Schwimmer on August 7, 2006
Posted in Likelihood of Confusion

ricky bobby.jpg
Wall Street Journal: On MySpace, Millions of Users Make ‘Friends’ With Ads (Free online today only), on the practice of movie studios to create MySpace personal pages for fictional characters from their movies, such as Ricky Bobby of “Talledega Nights,” and John Tucker of “John Tucker Must Die.” Presently there are numerous MySpace pages for…

SciFinder Scholar v. Google Scholar

By Marty Schwimmer on July 27, 2006
Posted in Likelihood of Confusion

News.com: “Google Scholar trademark case ends.”

The Website Formerly Known As NPGMC

By Marty Schwimmer on July 13, 2006
Posted in Likelihood of Confusion

Price closes his website at NPGMusicClub.com and his attorney says it has nothing to do with a recent lawsuit brought by antoher NPG.

ROMANTIC INTERLUDE v. PROVOCATIVE INTERLUDE

By Marty Schwimmer on June 22, 2006
Posted in Likelihood of Confusion

provocative.jpg
romanticinterlude.jpg
Stephan Co, says that Elizabeth ARden infringed its INTERLUDE trademark through sale of Arden’s PROVOCATIVE INTERLUDE product. Elizabeth Arden says the suit is without merit.
Not mentioned in the story: Stephan apparently sells under the ROMANTIC INTERLUDE mark.

Milbank v. Milbank, Foley v. Foley

By Marty Schwimmer on June 16, 2006
Posted in Likelihood of Confusion

NY Times: “Law Firms, Unflattered, Turn on Soundalikes.”

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