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What Are the DuPont Factors in a Trademark Confusion Analysis?

Erik K Pelton

A topic that comes up all the time in our line of work is the DuPont factors, and the analysis of them. The similarity or dissimilarity and the nature of the goods or services in the relevant applications or registrations at the USPTO. The number and nature of similar marks in use on similar goods and services.

Trademark 130
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TTABlog Test: Are Gummy Vitamins Related to Personal Care Products Under Section 2(d)?

The TTABlog

Are the goods related? Examining Attorney Yat Sye Lee submitted internet evidence that some eighteen different companies offer the goods of both applicant and registrant under the same mark (including SEPHORA, BATH & BODY WORKS, and PACIFICA), along with twenty use-based third-party registrations covering these goods.

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Trademark protection for colors: T-Mobile Magenta

Erik K Pelton

Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. We can use those colors, but we may not be able to use those colors for the products or services that those brands have them registered for. Essentially, things that are not made up of logo designs or words.

Trademark 130
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ESG statements are commercial speech excluded from California's anti-SLAPP law

43(B)log

Moreover, the ESG report was created, at least in part, to promote the defendant’s goods or services. It “repeatedly spotlights the safety and quality of Defendant’s goods. The court found that the commercial speech exception applied to the ESG report.

Law 72
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The Cologne Cathedral is not Neuschwanstein

The IPKat

The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and other characteristics of the goods concerned, and may also, in various ways, influence consumer tastes by, for instance, associating the goods with a place that may give rise to a favourable response.

Art 62
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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1].

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A green slogan is not a trademark, says the General Court

The IPKat

In particular, the Board of Appeal took the view that the sign would be understood by the relevant public as an advertising slogan and not as an indication of the origin of the goods. The slogan applied for did not have such characteristics. It therefore also expressed a general and abstract business philosophy.

Trademark 132