Category Archives: Book Reviews

Book Review

Likelihood of Confusion in Trademark Law (Second Edition) Supplement Date: Nov 2021

“[Kirkpatrick] gets to the heart of likelihood of confusion and explains what every trademark lawyer needs to know about this essential trademark law element.”
– Martha Sarra, Trademark Counsel, The Kroger Co.

“Richard Kirkpatrick’s book provides everything you want to know about the most important issue in trademark law.  Likelihood of confusion is a like a multi-faceted crystal, and this work will help you find the right angle (and the right precedent) that sheds light on your particular trademark problem.”   
– John T. Welch, Of Counsel, Lando & Anastasi

“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.” “This book also includes a plethora of footnotes that are on point, unobtrusive and helpful to explain the text.” “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.”
–  Anne Marie Segal, Esq., Segal Law Blog

“Kirkpatrick gives the practical insight that all trademark law practitioners should have at their fingertips.” – Chetuan L. Shaffer, Intellectual Property Counsel, Apple Inc.

“Likelihood of Confusion in Trademark Law is an excellent reference guide for professionals and non-professionals interested in the “key question” of trademark law…. Every practitioner should keep a copy of the book nearby.
”- Bryn T. Lorentz, Corporate Counsel – Intellectual Property, The Kroger Co.

”A comprehensive reference tool for both novices and experienced trademark practitioners. Kirkpatrick does a first-rate job of relating the subject of each chapter to consumer expectation.”
– New York Law Journal

“Likelihood of Confusion in Trademark Law sheds needed light on an important area of trademark law.”
– Bernard Zidar, Chief Intellectual Property Counsel, McKesson Corporation

Likelihood of Confusion in Trademark Law is a practice-elevating resource that has deep and well-organized analysis and case law that would benefit even the most experienced practitioner who needs to analyze likelihood of confusion.”
– Raffi Zerounian, Partner and Los Angeles Market Leader, Hanson Bridgett LLP

The Daily Record Highlights PLI’s Cybersecurity: A Practical Guide to the Law of Cyber Risk

PCybersecurityLI’s Cybersecurity: A Practical Guide to the Law of Cyber Risk  was recently mentioned in The Daily Record, which you can view here.  The Treatise is available for purchase here and is also accessible online on our digital research platform, PLI Discover PLUS. Interested in learning more about this book or PLI Discover PLUS? Contact PLI’s Library Relations team at PLI Library Relations or call 877-900-5291.

Daily Record Article on Cybersecurity: A Practical Guide to the Law of Cyber Risk  

Practising Law Institute, the New York-based nonprofit that specializes in continuing legal education, announced the publication Wednesday of what it describes as the firs major legal treatise on the law of cyber risk.

PLI says the new work, Cybersecurity: A Practical Guide to the Law of Cyber Risk, reflects a new reality.

“Managing cyber risks, once the near-exclusive realm of IT professionals, is now also borne by attorneys, senior executives, and directors,” PLI said in a press release. “This new guide provides the practical steps that can be taken to understand and mitigate today’s cyber risks and build the most resilient response capabilities possible.”

The editors are Edward R. McNicholas and Vivek K. Mohan of Sidley Austin LLP’s Privacy, Data Security and Information Law practice group. Both are based in Washington, D.C.

PLI says the book provides a comprehensive discussion of the complex quilt of federal and state statutes, executive orders, regulations and contractual norms, as well as the ambiguous tort duties that can apply.

The book, which costs $395, includes practice tools developed during the hundreds of breaches that the authors have weathered with their clients.


PLI’s Anti-Money Laundering Deskbook: A Practical Guide to Law and Compliance on PR Newswire

Anti-Money LaunderingPLI’s new Treatise, Anti-Money Laundering Deskbook: A Practical Guide to Law and Compliance, was noted as a resourceful guide on PR Newswire.  You can purchase the book by clicking hereAnti-Money Laundering Deskbook is also available on our eBook library platform PLI Discover PLUS.  Interested in learning more about this book or PLI Discover PLUS?  Contact PLI’s Library Relations team at PLI Library Help Desk or call 877-900-5291.


Anti-Money Laundering Deskbook: A Practical Guide to Law and Compliance – Book Review  

August 4, 2014

Nicole S. Healy. 2014. Anti-Money Laundering Deskbook: A Practical Guide to Law and Compliance. Practising Law Institute: New York. 460 pags. $395 from publisher; $375.25 from

NEW YORK, Aug. 4, 2014 /PRNewswire-USNewswire/ — Practising Law Institute (PLI) announces the release of their newest title, Anti-Money Laundering Deskbook: A Practical Guide to Law and Compliance.

Author Nicole S. Healy (Ropers Majeski Kohn Bently PC) provides a thorough discussion of all the major U.S. cases considering money laundering activity, describes the programs of the major international anti-money laundering (AML) organizations, and offers a suggested model for an effective AML compliance program.

Anti-Money Laundering Deskbook serves as an indispensable, time-saving roadmap to the federal statutory framework. AML compliance professionals and attorneys alike will turn to this new guide for Ms. Healy’s insight and expertise in this complex area.

The single-volume Anti-Money Laundering Deskbook: A Practical Guide to Law and Compliance is priced at $395 and is available for a 30-day free examination.

About Practising Law Institute (PLI)

Practising Law Institute (PLI) is the most prestigious nonprofit continuing legal education organization dedicated to providing the legal community with the most up-to-date information available. Founded in 1933, PLI’s continuing mission is to enhance the professionalism of attorneys and other qualified persons by providing the highest quality and most innovative programs. PLI also offers One-Hour Audio Briefings, Online CLE, Publications and other services to enable attorneys to practice law competently and ethically, and to fulfill pro bono responsibilities. PLI offers more than 400 programs annually in locations across the U.S., and in London, Hong Kong, and Latin America, as well as Live Webcasts, interactive multimedia, Course Handbooks and annually supplemented Treatises, and the Discover PLUS eBook library. In addition, PLI annually awards over 40,000 scholarships to our programs. Its more than 4,000 speakers include the most prominent lawyers, judges, investment bankers, corporate counsel, and U.S. and international regulators. Learn more about PLI at

Review of PLI’s Social Media and the Law

Social Media and the Law

PLI’s Social Media and the Law received a very nice review from the Orange County Business Attorney Blog, which you can view here.  The Treatise is available for purchase here and is also accessible online on our eBook library, PLI Discover PLUS. Interested in learning more about this book or PLI Discover PLUS? Contact PLI’s Library Relations team at PLI Library Relations or call 877-900-5291.

Social Media and the Law – Book Review 

A few months ago, the Practicing Law Institute, a well-known publisher of legal practice guides, asked me to comment on its new book, Social Medial and the Law.  I agreed to do so because I was curious as to what was in the book and wanted to find out whether this book could be an aid to my practice as a business litigation attorney and to my clients.

After a few weeks of reading the book, I find that it is a valuable resource for me as a business litigator.

My office is in Orange County, California, and I have served the business communities here for more than a decade.  My clientele comprises small to medium sized businesses, with most them doing business internationally.  Like most attorneys, I have been seeing a gigantic shift of focus to social media in business, as they have become an integral part of my clients’ business.

I often receive calls from clients inquiring about how to deal with untrue comments from disgruntled customers that have been posted on the Internet, how to create an office policy regarding social media (both the company’s and employees’), how to deal with trademark or other intellectual property infringements, and how to defend clients from a claim arising out of social media.

I find this book valuable because the author covers the topics thoroughly and with a focus on the importance of each area.  Unlike other practice guides that try to impress the reader with the details of information, this book focuses on only the essentials, so that once I have enough information that deals with a client’s situation, I then can focus on the legal research that specifically addresses the issue of what the client is experiencing.  The content of this book is balanced between simplicity and sufficiency.  I don’t feel that I am buried under all the facts and details that may or may not apply to my client’s situation, and yet I feel that the information given is sufficient to help me discuss the matter intelligently with the client and focus my effort on subsequent legal research and preparation for the case.

Chapters 2 to 9 are the meat of the book, in my opinion; they deal with every conceivable issue that may come up in the context of social media, such as the following:

  • Privacy
  • Copyrights, ownership, and control of content
  • Trademarks and brand protection
  • Defamation, other torts, and related cybercrimes
  • Employment and workplace issues
  • Compliance considerations for regulated industry (healthcare, financial, publicly traded company, etc.)
  • Advertising

Although Kathryn L. Ossian is listed on the book cover and is identified as the editor, there are other contributing writers with equally impressive resumes in their areas of expertise.

As a business litigation and trial attorney, without being an expert in the field, I often need to have a grasp on sufficient expertise on the issues before me to formulate the litigation strategies and to tell the story to the judge or jury at the time of trial.  This book helps me to accomplish just that in the area of social media.



PLI’s Kane on Trademark Law on Wells IP Law

Kane 6eCheck out this nice mention of PLI’s treatise, Kane on TradeMark Law: A Practitioner’s Guide 6th Edition , on Wells IP Law here.  You can purchase the book by clicking hereKane on Trademark Law is also available on our eBook library platform PLI Discover PLUS.   Interested in learning more about this book or PLI Discover PLUS? Contact PLI’s Library Relations team at PLI Library Relations or call 877-900-5291.

Kane on Trademarks – Book Review 

By: Nicholas Wells | April 19, 2014

Siegrun D. Kane.  2013.  Kane on Trademark Law: A Practitioner’s Guide (6th Edition). Practising Law Institute: New York. 1071 pages.  $395 from publisher; $375.25 from

I work in several areas of law—copyright, social media, technology agreements, advertising and promotions—but at the moment, I spend the largest part of my day working on trademark matters.  If you’re familiar with trademark law, you know that the leading work in the field, cited by hundreds of court decisions, is J. Thomas Mc Carthy’s treatise, McCarthy on Trademarks and Unfair Competition.  Coming in at seven volumes—and growing, and with a front matter and Table of Contents that stretches 154 pages, McCarthy can be… unwieldy.  The $ 4,500 price tag may also be a concern for many smaller firms or lawyers who don’t spend all day handling trademarks.  Still, it is the resource everyone quotes.

So when PLI offered to send me a review copy of Kane on Trademark Law by Siegrun D. Kane, I was curious to see how it compared.

The short answer:  For most lawyers and in-house counsel, Kane’s book is the better choice.

Don’t get me wrong.  If you’re litigating trademark cases in federal court, you’ll probably like having McCarthy around.  But most of us don’t do that.  Kane on Trademark Law, now in its Sixth Edition, seems committed to remaining a one-volume work.  That choice is emblematic of its usefulness.  Everything you’re likely to need to know about trademarks is in your hand.  Kane is subtitled A Practitioner’s Guide.  Not a Judge’s Guide, or a Professor’s Guide, or even a Litigator’s Guide.

The Kane text is well organized, well footnoted, and well written, with headings that make it easy to find the topic you need.  (It also has a 60-page index.)  There are sections on false advertising, litigation, Internet infringements, licensing, and dilution, in addition to the sections you’d expect to find on clearing marks for registration, prosecution procedures, and proceedings before the Trademark Trial and Appeal Board.

Kane also comes with a CD-ROM that contains the entire text of the volume in searchable, linked PDF files, carefully formatted to match the printed book.  I’ve found this to be tremendously useful.

As an example of the different approach of Kane and McCarthy, consider the key trademark issue of likelihood of confusion between trademarks.  Kane has 35 pages on the topic, plus another 20 focused on counterfeiting.  McCarthy devotes Volume 3 to the topic—800 or so pages—plus innumerable related sections that appear in other volumes (See, e.g., Chapter 31, Volume 6, Defenses to Infringement).  Or consider the sections on Inter Partes TTAB proceedings.  Kane has 54 pages of succinct text on topics that include procedures, grounds, defenses, burden of proof, and review routes for TTAB decisions.  McCarthy devotes… well, you get the idea.

I love McCarthy, but I keep using Kane because most of the time, I don’t have the time to use McCarthy.  And my clients don’t have the money.  Kane reminds me of the points I need to know.  It references the statutory sections and leading cases.  It summarizes and recommends practice steps without as much scholarly background.  Most days, it’s just the better tool for what I need.

I think that’s also true for those, like in-house counsel, who are dealing with trademarks, social media, advertising, employment, real estate leases, contract disputes… and that’s just before lunch.  Kane on Trademarks will serve in-house counsel by providing guidance on most trademark issues that they are likely to face.  They’ll hire litigators to take trademark cases to the Federal Circuit and they will use McCarthy.

Kane does miss some areas that I wish it included.  There appears to be nothing about ex parte appeals at the Trademark Trial and Appeal Board.  Perhaps it’s not a critical topic for most readers, but I’d like to see more on it.  There is a little about using the Madrid Protocol, but virtually nothing about international trademark protection.  This is clearly a book about U.S. law, but given its apparent target audience, at least a brief section on how international trademarks operate with some strategy pointers and references would be appropriate.  Finally, there isn’t much about the procedures for handling disputes.  True, those procedures are based on the TTAB manual and the Federal Rules of Civil Procedure.  But guidance in a book like this goes a long way to help those not familiar with the rules.

Despite a few minor weaknesses, Kane on Trademarks seems to spend a lot of time on the corner of my desk.

PLI Discover PLUS Mentioned in Virginia Lawyer

Virginia Lawyer

Many thanks to Professor Timothy Coggins for his nice mention of PLI Discover PLUS in the December 2013 edition of Virginia Lawyer.

In “Discovering E-Discovery: A Resources Guide”, Coggins, the Associate Dean for Library and Information Services at Richmond, reviews a number of helpful resources on electronic discovery.  In particular, he highlights Chapter 3, “The Courts Intervene with Model Rules to Curb the Costs of E-Discovery: Will It Work and Should Litigants Use these Model Rules in the Rule 26(f) Conference” from our Course Handbook, Electronic Discovery Guidance 2012: What Corporate and Outside Counsel Need to Know in addition to our acclaimed Treatise, Electronic Discovery Deskbook.

Coggins also mentions how easy it is to access these titles on our eBook library, PLI Discover PLUS.

Interested in learning more about these books or PLI Discover PLUS? Contact PLI’s Library Relations team at PLI Library Relations or call 877-900-5291.



fashionFashion Law and Business, PLI’s new Treatise, has been getting rave reviews!  Check out the latest review from AALL here and below.  If you have any questions or would like to order the book, please email the PLI Library Relations Department or call 877-900-5291.

Book Review: Fashion Law and Business: Brands & Retailers

BY: Andreea Alexander | February 14, 2014 at 10:56 AM

Lois F. Herzeca & Howard S. Hogan.  2013. Fashion Law and Business: Brands and Retailers.  Practising Law Institute: New York.  847 pages.  $185 from publisher; $145.48 from

While the subject hasn’t yet garnered the broad name recognition of practice areas like sports law and entertainment law, those familiar with the actual study and practice of fashion law understand that it’s about more than whether you should match your shoes to your belt (or even the Louboutin red soles case).   Fashion law encompasses a broad range of issues such as corporate law, international trade, labor and employment, real estate, and of course intellectual property.  And now, with Fashion Law and Business: Brands & Retailers, Lois F. Herzeca and Howard S. Hogan take fashion law a little further into the mainstream legal world.

If your library purchases only one book on fashion law, this should be it.  Now, admittedly, there are only a handful of books explicitly dedicated to fashion law currently in print, so the options are fairly limited.  But in my opinion, this book is by far the most helpful for students and practitioners alike.  As one might deduce from the publisher, the Practising Law Institute, this text is targeted more toward practitioners, and was in fact written by two attorneys who Co-Chair their firm’s Fashion, Retail and Consumer Products Practice Group.   The authors explain in the introduction, “[T]his book is structured on the presumption that fashion law can be best examined in the context of an understanding of the business and operations of the fashion industry.”  This is not a casebook, and it’s not written to be a textbook (although it would be helpful in a fashion law course).  It is the most comprehensive guide to fashion law that has been published so far, with 847 pages (more than twice the pages of the next longest text on fashion law), and accurately captures both the large and small issues of the subject.

Other in-depth examinations of fashion law feature chapters written by different scholars and practitioners on various topics; this leads to some redundancy as similar ideas are reiterated in different contexts.  Fashion Law and Business benefits from a unified tone thanks to the treatment of each topic by the same two authors.  The finding aids are excellent, including a detailed table of contents, a 36-page index, and a table of authorities allowing the reader to focus on specific cases or statutes.  Cases are not reprinted but are discussed in some detail, and the authors wisely chose to incorporate not only overtly fashion law-oriented cases but also cases that do not involve fashion but are critical to understanding a given topic in fashion law; for example, the grey market is a major issue in fashion law, but a basic understanding of the grey market would be incomplete without John Wiley & Sons v. KirtsaengFashion Law and Business includes an explanation of that case alongside more clearly fashion-oriented cases like Abercrombie & Fitch v. Fashion Shops of Kentucky.

If I have one quibble with Fashion Law and Business, it’s that references are grouped at the end of each chapter as endnotes, instead of in footnotes on the relevant pages; flipping back and forth is a little bit bothersome for someone accustomed to the reference style of law reviews and journals.  But this is a minor issue, and the benefits of this text far outweigh that small irritation.  It’s also a comparatively good bargain—other fashion law texts are published in paperback and cost upwards of $80; at about $145 (prices via, this hardcover text delivers more content and promises to be more physically resilient.

I’ve followed the recent publication of fashion law books with great interest, and this is the first one I felt I could unreservedly recommend for the libraries of both law schools and law firms.  It is thorough, well-written, and may help your library’s patrons see that “fashion law” means something more than “leggings aren’t pants!”
Andrea Alexander is a reference librarian and assistant professor at Ohio Northern University Pettit College of Law’s Taggart Law Library.  She never wears leggings as pants.

Delaware Environmental Law Blog Reviews EPA Compliance and Enforcement Answer Book 2013

EPA Compliance AB 2013EPA Compliance and Enforcement Answer Book 2013, PLI’s new Answer Book, has been getting rave reviews!  Check out the latest review from Delaware Environmental Law Blog here and below.  If you have any questions or would like to order the book, please email the PLI Library Relations Department or call 877-900-5291.

Book Review: PLI’s New “EPA Compliance and Enforcement Answer Book 2013” is Worth the Price

By: Stephanie L. Hansen July 26, 2013

Adam Sowatzka & Richard E. Glaze, Jr. 2013.  EPA Compliance and Enforcement Answer Book 2013I.  Practising Law Institute: New York.  330 pages.  $255.00 from publisher; $232.75 from

Practicing Law Institute (“PLI”) has a new publication out that addresses EPA and, to the extent similar, State enforcement of environmental laws. To be frank with you, I don’t have any handbooks like this on my shelf and I wasn’t so sure one might be helpful. Before heading off to law school, I worked for the state environmental regulatory agency for eight years as a scientist and regulator, and I have a pretty good idea how enforcement actions are approached by the state. I also know that EPA enforcement is a different animal, but there are similarities.

So, I was surprised at how useful this book really is. It’s a practical book that I found I could begin using immediately. It isn’t a textbook, so if you want anything more than a very brief overview of the major environmental laws, look elsewhere. However, in order to concentrate the enforcement action information and keep the book as practical and useful, more background information on the major environmental laws would have been a distraction.

There are a couple of sleeper chapters on compliance monitoring and reporting and an overview of major federal environmental laws, and a couple of chapters with narrow subject matter that you may not come across in your practice (citizen suits, and imminent and substantial endangerment authority). But the bulk of the book is a behind-the-scenes look at how EPA approaches different kinds of enforcement actions (administrative, civil, and criminal), the interaction between state regulators and EPA, how penalties are calculated, and practical advice on regulatory inspections. Good stuff.

If, in your environmental practice, you have any interaction at all with EPA, then this is a book you need to have – not just in your office, but somewhere you can easily reach. It’s written in a question and answer format so that it’s an easy read, and importantly, it comes with a lot of tables and footnotes citing the myriad of EPA regulations, guidance documents, and important case law at the end of each chapter. I have already printed out three documents from the footnotes that have immediate, practical use in my practice. I can see how the table on EPA penalty amounts under the various federal programs, adjusted through time, will be a great resource as well as the table listing the EPA penalty policy documents under various programs. Also helpful is the table with links to EPA memoranda on supplemental environmental projects and a good discussion on bankruptcy and its effect on enforcement actions. I also like the way the book breaks down the subject matter of each chapter into discussions under CERCLA, RCRA, CAA, CWA, etc., and how it gets into the details and practicalities of enforcement actions (all kinds) under each of the major federal environmental laws.

EPA regulators are different than state regulators. Although they often share enforcement authority with the state regulators and the processes they use to come to conclusions may be similar to those employed by state regulators, they have different priorities and dealing with them requires a different mindset on your part. This book will help you understand the terrain and, importantly, will point you to additional reference material if you need to go deeper (which you undoubtedly will).

Spotlight on: Initial Public Offerings: A Practical Guide to Going Public

IPO Image

And check out some of the great peer praise this Treatise has received:

“There is no better practical tool for anyone needing an in-depth, step-by-step guide to the IPO process.”
— Larry Sonsini, Wilson Sonsini Goodrich & Rosati

A detailed step-by-step guide that every practitioner should have.”
— Broc Romanek, Editor of The

A must-read for company executives, securities lawyers, and capital markets professionals alike.”
— John Tyree, Managing Director, Morgan Stanley

The essential IPO guide for venture capitalists and the companies they fund.”
— Jonathan A. Flint, Co-Founder and Managing General Partner, Polaris Ventures

All participants in the [IPO] process — even the hardiest veterans — will find something in this book that they didn’t know before they picked it up.”
— Keith F. Higgins, Ropes & Gray LLP

An invaluable and comprehensive resource for the experienced practitioner and novice entrepreneur alike.”
— Richard D. Truesdell, Jr., Davis Polk & Wardwell LLP