Thursday, February 19, 2015

case study on trademark issues ... "Isn't the Internet Big Enough..."

while I continue to work on upcoming posts ... wanted to share this link to a super informative blog post titled "Isn't the Internet Big Enough for More Than One Angry Asian" written by blogger Jenn from her blog ""

In this blog post, she presents two sides of an interesting case of conflict about trademark issues between two bloggers: "Angry Asian Man " and "Angry Little Asian Girl"

Here's an excerpt ...

.....: a registered trademark offers the owner of the trademark certain exclusive rights to the trademark that, among other things, allow for the owner to protect the trademark from infringement. What constitutes trademark infringement can take on several forms, but the basic point is to prevent consumer confusion; that is, whether or not a consumer might mistake two unrelated brands. While many have spoken out on social media declaring that they would never confuse Angry Little Asian Girl and Angry Asian Man, the test for consumer confusion has very little to do with polling actual consumers; there is an informal legal standard used by the courts (called the “Lapp test”) that guides the determination of whether two brands might be confusing to consumers.

Jenn's blog post is a great case study on all these issues ... I'll also be adding this link to my post on Copyright protection for artists.

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