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).
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