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
fearlessness

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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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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Segal Law Blog Year One – Top Four Posts

This Thursday, September 5, will be the first anniversary of Segal Law Blog. Since it is Rosh Hashanah from Wednesday evening to Friday evening, the blog will be here Thursday, but I certainly won’t! Below are my top four blog posts if you have Segal Law Blog withdrawal.

For the Christians, Buddhists, atheists and others among my readership who won’t be at the synagogue later this week, Rosh Hashanah is the Jewish New Year. The conventional short greeting in Hebrew is L’Shana Tova, if you would like to wish someone a Happy New Year, as Pope Francis today wished Jews worldwide. Careful with your spell check though, or you’ll be wishing folks L’Shana Toga…. (No, that doesn’t mean Happy Toga Party, as fun as that could be!)

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To celebrate one year of law blogging, here are my top four posts:

My Biggest Risk, Finding My Core – One Year Later (shared 17 times on LinkedIn! Woohoo!)

The Effectiveness of a Non-Compete that is “Subject” to an Employment Agreement: Why Legalese Isn’t Always a Waste of Time

Aren’t Band-Aid [Brand Adhesive Bandages] Great? (My First Cut at Trademark Law)

Lawyer’s Fees Be Damned. Why Can’t I Just Use LegalZoom?

My profile was also a highly read page, and my next highly read post was my Q3 2012 newsletter. Finally, here’s a recent post that’s getting a lot of interest on my blog, via email responses and in the LinkedIn estate planning community:

Safe Deposit Box: Best Place to Keep a Will?

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What have I learned in a year of law blogging? It’s much harder than it looks! Despite the disclaimers, everything you write is read through the lens of could I get sued for saying that? You have to be right on the money with each word you say, two steps ahead in fact, even if there is no logical cause for concern. (See my edits in red to the Band-Aid [Brand Adhesive Bandages] post above, if you wonder what I mean. My tendency for fun, bloggy-style, tongue-in-cheek humor is not entirely compatible with a law blog. Ah, to be carefree, judgment-proof and twenty-something again….) It is also extremely gratifying when you can look back at a year of well-thought posts and feel proud of the work you have done.

In all, I look forward to another year together to discuss legal issues relevant to my clients, friends and general readership. L’Shana Tova or simply Happy Almost Autumn! As a resident of Connecticut, fall is by far my favorite season of the year. I may even post some photos of our beautiful trees and leaves so you can share in the joy.

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