"Irrelevant confusion?"

FIFA has received a lot of bad press lately, including the incredibly dumb idea to censor replays inside stadiums, so fans can’t analyze for themselves whether or not a call was bad. To avoid "confusion," hide the evidence.

Mark Lemley, in an article entitled "Irrelevant Confusion," began with an anecdote about what FIFA did in 2006 when a bunch of fans showed up wearing pants in the colors of the Netherlands team for a game with the Ivory Coast. FIFA invoked trademark law, and a bunch of fans took off the pants and viewed the game in their underwear.

Any article by Lemley with a title such as "Irrevelant Confusion" might be viewed as conveying a "secondary meaning" about Lemley's understanding of IP law -->

http://ipbiz.blogspot.com/2010/06/bilski-from-lemley-to-mullin-to.html

http://ipbiz.blogspot.com/2009/11/wearing-down-fallacy-as-to-examiners.html