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Opinions on Opinions on Opinions

By Draeke Weseman on March 6, 2019
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At DuetsBlog, we never shy away from sharing our opinion.  It’s part of what makes us not Dr. No.  For over ten years, this has included opinions about interesting trademarks, non-traditional trademarks, boring trademarks, and controversial trademarks, and those are just from me, as well as our opinions on the opinions of others (Ron Coleman, especially), and we love when others share their opinions of our opinions (Ron Coleman, especially).

Well, on March 12, 2019 at 1:00 PM ET, this opinion fever may reach its peak.  As part of a Strafford webinar with Karen Lim of Fross Zelnik about Structuring Trademark Clearance Opinions, I’ll be sharing my opinions about crafting a well-written trademark clearance opinion, and long the way, providing my opinions on the judicial opinions on trademark clearance opinions.  That’s right, opinions on opinions on opinions.  This reminds me of the ever-entertaining and valid English sentence: Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo.

Once again, Strafford has generously provided a limited number of complimentary passes, which I’d like to make available to you, our dear opinionated readers.  So, if you’d like a complimentary pass for the webinar, please send me an email at dweseman@winthrop.com.  In fact, I recall benefiting from the very same offer, about six years ago: Thanks, Steve!

My only request is that, afterward, you provide me your opinions of the webinar, to which I will reply with my opinions of your opinions, and you could counter-reply with your opinions of my opinions of your opinions.  With your help, we can get to at least opinions on opinions on opinions on opinions on opinions on opinions.  Still short of what buffalo can accomplish, but fun to try.

Photo of Draeke Weseman Draeke Weseman

View my professional biography

People often ask me why my name is spelled the way it is. When I was born, my mother added an extra “e” in the middle to distinguish it from being confused with the word “drake,” meaning…

View my professional biography

People often ask me why my name is spelled the way it is. When I was born, my mother added an extra “e” in the middle to distinguish it from being confused with the word “drake,” meaning “male duck.” The strategy was mostly successful. (I still earned the nickname “the mallard” for a short time and there was even a duck call at a tenth grade basketball game or two, to be used on the rare occasion I scored any points).

Having an uncommon name, I noticed any other “Drake.” Whether it was the secret identity of my favorite cartoon character, a hotel in Chicago, a university in Iowa, a person everybody loves (except George), a fictional soap opera doctor, or a rapper from Toronto. But it wasn’t until I was in law school studying trademark law and likelihood of confusion that I actually experienced firsthand the confusion of being confused with another “Drake.” A fellow student casually commented that they did not know I was such a fan of salsa dancing (I wasn’t) but it turns out another “Drake” was and had posted a request for dancing partners on some law school bulletin board. This felt like infringement to me!

My understanding of trademark law has come a long way since, but it is with this personal experience that I practice and write about trademark law. On DuetsBlog, you will find posts from me about my personal favorite brand and other personal topics of interest. I may occasionally take a controversial position, but only because I can – with that extra “e” in my name, even if my argument is questionable, one thing is certain: I’m not a quack!

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  • Posted in:
    Intellectual Property, Other
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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