Tag Archives: law

Wishing you a FEARLESS Hanukkah

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There are many aspects,

recounted from generation to generation,

of the miracle of Hanukkah:

 Military victory.

 Divine intervention.

 Unforetold illumination.

Spiritual purification. 

Yet the biggest miracle of all was

in the face of adversity. 

Fearlessness does not mean to not be afraid.

It means to conquer our fears rather than being conquered by them.

Click here to read our full Hanukkah newsletter.

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Thankful for Sanitation: World Toilet Day

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If I asked 1000 people what was the most critical technological invention, what do you think they would answer? Hint: it’s not an iPad.

Some of us feel we “can’t live without” our computers, TVs, devices and other modern inventions for more than a day, but what we really can’t live without is clean water and access to sanitation. Yes, my dear readers, that includes our toilets.

As Thanksgiving approaches and we all start counting up what we are thankful for, let’s not forget the most basic elements of our existence: food, water and shelter. And that implies cleanliness in each case, an implication that most of us with the luxury of reading blogs take for granted, but one that is not lost on a considerable portion of the world. Lack of adequate sanitation robs people of health, safety and dignity.

2.5 billion people in the world do not have a clean toilet

In the early days of November, I envisioned writing a post about laws I am most thankful for. I kept coming back to sanitation as one of the most significant aspects of our modern existence, both the inventions that have advanced it and the laws that protect it. It seems I am not the only one thinking about it.

Today is World Toilet Day. It may sound amusing until you think about it. Then you literally say to yourself, with no pun intended, “Sh*t, that’s really important.” So important that the United Nations General Assembly designated today, November 19, as World Toilet Day.

According to their research, 2.5 billion people in the world do not have a clean toilet. That’s billion, not million. Wow. Can you imagine that? Click here to read more.

We can’t solve all of the world’s problems, but we can each play a part to make the world a better place. In this season of cheer, thanksgiving and philanthropy:

Choose a cause. Get involved. You won’t regret it. And neither will the 2.5 billion.

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Review of PLI’s Likelihood of Confusion in Trademark Law by Richard L. Kirkpatrick

Likelihood of Confusion

When Practicing Law Institute (PLI) asked if they could send me a complimentary copy for review of Likelihood of Confusion in Trademark Law, Second Edition, I gladly accepted. I have attended a number of PLI seminars in my time as an attorney, and I always find them highly instructional. In addition, Richard Kirkpatrick, a partner in Pillsbury Winthrop’s intellectual property practice and the author of this treatise, is a known leader in the field of trademarks.

When the book arrived, I was not disappointed. I actually read it cover to cover, which may be a confession that I am a legal geek but nonetheless points to the book’s readability, despite its highly technical subject matter. It starts with a discussion of the “Principles of Likelihood of Confusion” and ends with an Appendix of full color illustrations and a Table of Cases.

Likelihood of Confusion in Trademark Law is logically ordered and flows as a complete work. Each subsection has helpful headings so that the reader can locate the information that may be useful in his/her particular case. (For example, Section 4:9.4 “Effect of Registration Disclaimers”, Section 4.13 “Parody” and Section 4:3.4[A] “Design Versus Design”.) The book also includes a plethora of footnotes that are on point, unobtrusive and helpful to explain the text.

For the uninitiated, “likelihood of confusion” is a legal standard in trademark law that is the basis of certain refusals and canceling of registration, as well as other applications as further explained in the book. It is often a key question or core element in trademark infringement cases. Likelihood of confusion is a subtle, complicated area of law and clearly worthy of a comprehensive reference volume on the subject, especially one as lively as this book.

Two particularly strong points in the book are its cases cites and use of examples. Kirkpatrick expertly weaves pithy and longer quotes from court cases into his discussion in the text, and he also gives just enough concrete examples to help illustrate his points. I believe this text is a useful addition to any trademark attorney’s repertoire.

Disclosure: I received a complimentary (free) copy of Likelihood of Confusion in Trademark Law for the purpose of evaluating the book for review. There were no requests or requirements for a positive review of the book or other criteria placed on the review by PLI or the author. PLI has extended a 20% discount on the book for readers of my blog (click here).

Law Office of Anne Marie Segal is located in Stamford, Connecticut, provides legal counsel to businesses and individuals in Connecticut and New York and advises select national and international clients. Please visit www.amscounsel.com for more information.

None of the information posted on this site constitutes legal advice or forms an attorney-client relationship, and there may be facts not discussed here that are relevant to your situation. This is a public forum. Please do not post confidential or fact-specific information regarding your legal questions on this site.

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