In the world of trademarks, the success or failure of trademark infringement lawsuits are measured by the "likelihood of confusion" standard. Broadly speaking, this means that if consumers are likely to be confused (or, better yet, actually are confused) about the...
Year: 2015
A Plastic Toy Hamster by Any Other Name…
If a major toy manufacturer named a plastic toy hamster after you, would you be upset? Flattered? Angry enough to file a lawsuit in federal court seeking a permanent injunction and monetary damages of more than $5 million? Well, if you're FOX News personality Harris...
Who Reviews the Reviewers?
Whether it's Yelp, Facebook, or Twitter, positive online reviews can make or break a new product or service. No one knows that better than the savvy folks over at Microsoft. So, when Microsoft released the XBoxOne back in 2013 the marketing department tried to make...
We’ve Got Copyrights. Yes, We Do.
Just in time for the fall football season, the Sixth Circuit Court of Appeals recently issued a ruling on the question of what makes a cheerleading uniform a cheerleading uniform. If you have a favorite football team, professional or college, then you probably also...
Embedded Copyrights – The Not-So-Funny Side of Memes
Do you ever forward memes to your coworkers and social media friends? It might be a picture of a kitten hanging from a branch and being told to just "hang in there" or it might be a grumpy cat who "hates Mondays" or it might not even feature a picture of a cat. It...
Uniform Law Revision Update Uniform Residential Landlord And Tenant Act
At the most recent MHI Convention in Las Vegas, one of the educational seminars addressed the potential impacts of the new revised Uniform Residential Landlord and Tenant Act. In the intervening time after the MHI Convention, the Uniform Law Commission has continued...
DeflateGate Exchange Sparks Copyright Mayhem
As my partner, Jim Morse will attest (he's a graduate of Boston University), few are revered in New England quite so much as Patriots quarterback Tom Brady. With rugged good looks, a beautiful model-turned-wife, and a history of game-winning performances in the NFL,...
HOW TO – Select a Strong Trademark
Not all words or names can be protected as trademarks. For example, no one business can claim exclusive rights in generic terms because every business owner in the same industry needs to be able to use them to identify their own goods or services. Thus, no one owns...
Michael Jordan’s Is Worth $8.9 Million. How Much Is Yours Worth?
I think everyone can agree Michael Jordan, formerly of the NBA Chicago Bulls, was one of the greatest basketball players of all time. And, I think we can also agree that for marketing purposes his face is not only very recognizable but also very valuable, especially...
Super Bowl Ads Cost Millions; Superb Owl Ads Not So Much
If you're a fan of the NFL, then you remember last year's Super Bowl. With time running out, the Seattle Seahawks were a play away from scoring the game-winning touchdown when a controversial play call led to an interception by New England and the championship...