The TTABlog

OCTOBER 27, 2023

However, the Board found that material issues of fact precluded the grant of summary judgment as to Monster's likelihood of confusion and dilution claims. Monster claimed likelihood of confusion with its Claw Icon mark for clothing. Monster Energy Company v. Cheng Shin Rubber Ind. for others). for others).

Social Media 67

Social Media Registration Advertising Advertising 67

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. ” for the 16th time.

Trademark 78

Trademark Advertising Advertising False Advertising 78

The TTABlog

OCTOBER 5, 2023

Likelihood of Confusion: Because the involved goods are legally identical, the Board must presume that they travel through the same trade channels to the same classes of consumers. This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown."

Advertising 67

Advertising Advertising Marketing Marketing 67

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH).

Advertising 81

Advertising Advertising False Advertising Trademark 81

Technology & Marketing Law Blog

AUGUST 17, 2021

It says that the Fifth Circuit has never addressed initial interest confusion in the context of keyword ads. Consumer confusion has always been the key to trademark infringement, so the court isn’t exactly making a radical statement. Distraction is insufficient. OK, I guess.

Advertising 105

Advertising Advertising Trademark Settlement 105

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). The marks are close enough, but what about the goods? How do you think this came out?

Branding 44

Branding Brands Branding Social Media 44

SpicyIP

APRIL 6, 2023

They have used the approaches of Munday v Carey and Slazenger v Feltham to place focus on the similarities and assume that Parle’s attempt to create confusion has been successful. [ This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v.

Branding 105

Branding Brands Branding Trademark 105

Technology & Marketing Law Blog

DECEMBER 27, 2023

Trademark owner lost a jury trial, allegedly because the court’s instructions to the jury about initial interest confusion were not favorable enough to the rightsowner. Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 22-1641 (7th Cir.

IP 72

IP Advertising Advertising Copyright 72

43(B)log

SEPTEMBER 5, 2023

Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. One of the defendants (Hinchman) used to work for plaintiff SME.

False Advertising 59

False Advertising Law Advertising Advertising 59

Likelihood of Confusion

FEBRUARY 26, 2023

I’m just back from 10 days R&R in Egypt, and while I plow through all that piled up while gone, ponder this one: Outside the main entrance to the pyramid complex in Giza, there is a shop that advertises “Hand Made Pyrex Glasses.” What should Corning do? appeared first on LIKELIHOOD OF CONFUSION™.

IP 52

IP Advertising Advertising Blogging 52

The TTABlog

APRIL 1, 2024

Section 2(a) - False Suggestion of a Connection: Despite Applicant's Bad Intent, TTAB Dismisses Oppositions to EVSFOOD for Beverages Section 2(d) - Likelihood of Confusion: TTABlog Test: Is OTTO'S for Soda Pops Confusable With OTTO'S OATMEAL STOUT for Beer? Yes] TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

Designs 57

Designs Design Registration Trademark 57

IP and Legal Filings

AUGUST 4, 2021

This was for ‘soaps, perfumery, essential oils, hair lotions, toothpaste’, advertising, and others. The Board of Appeal concluded that the similarity was not the major one where just the average degree of similarity was not sufficient to prove the likelihood of confusion. Facts and Board of Appeals’ decision.

Registration 98

Registration Advertising Advertising Trademark 98

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. But what about the marks? Priority was not an issue because MHCS filed its underlying application first. How do you think this came out?

Advertising 48

Advertising Advertising Branding Brands 48

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. But what about the marks? TTABlogger comment: Do you really think anyone would be confused by these marks (in the real world)? Lacoste Alligator S.A.

Designs 89

Designs Design Advertising Advertising 89

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok alleged that customers were likely confused into thinking that UL certified the Firestop Box Insert when it did not. RectorSeal also sells a product known as the Metacaulk Box Guard.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

The TTABlog

NOVEMBER 22, 2022

opposed an application to register the mark THREEGUN (in slightly stylized form) for various medical devices and products, including massage apparatus, on the ground of likelihood of confusion with its registered mark THERAGUN for various medical devices, including massage apparatus. So, the goods overlap, but what about the marks?

Social Media 62

Social Media Advertising Advertising Copyright 62

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

MARCH 29, 2024

22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Stop & Shop argued that this couldn’t deceive a reasonable consumer, both because of the disclaimers and because flushable merely means “capable of being flushed down a toilet,” regardless of what happens later on.

Law 59

Law Advertising Advertising Branding 59

Technology & Marketing Law Blog

MAY 30, 2022

The Southern District of Texas granted Viacom’s motion for preliminary injunction, finding a substantial likelihood of success on the merits of both claims. The Southern District of Texas granted Viacom’s motion for preliminary injunction, finding a substantial likelihood of success on the merits of both claims.

Blogging 90

Blogging Social Media Television Fair Use 90

43(B)log

OCTOBER 11, 2023

The district court doesn’t appear to care about what the registration is for; I had to look it up.) The confusion inquiry is “not applied to assess confusion in the abstract; it is focused on the likelihood that commercially relevant persons or entities will be confused.” Anyway, there was no viable claim.

Licensing 49

Licensing False Advertising Advertising Advertising 49

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. But what about likelihood of confusion?

Registration 52

Registration Designs Design Advertising 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. She continued: “Parodies can be confusing. If so, you should not have a dog.

Branding 52

Branding Brands Branding Trademark 52

Likelihood of Confusion

OCTOBER 9, 2021

I took some heat a little while ago for suggesting, contrary to my generally skeptical view of what constitutes trademark. The post Second Circuit and the whole of the law on confusion appeared first on LIKELIHOOD OF CONFUSION™. This is big, but stay calm. Though I hardly can.

Law 52

Law Trademark Fair Use Trademark Law 52

LexBlog IP

MARCH 28, 2023

Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. ” She continued: “Parodies can be confusing.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y. The rest had to await a factfinder.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co. Food & Drug Admin., 2024 WL 1208111, F.4th 23-40076 (5 th Cir. Now it’s the 5 th Circuit’s turn.

Advertising 64

Advertising Advertising Social Media Government 64

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. Dropbox, Inc. decided April 20, 2021).

Trademark 98

Trademark Marketing Marketing Business 98

LexBlog IP

APRIL 19, 2023

You find a whisky-bottle-shaped squeaky toy with what looks a lot like a Jack Daniels Label with the name “Bad Spaniels.” But Justice Alito brought up a great point: would Jack Daniels want to sell a toy where “what’s going to be purportedly in this dog toy is dog urine.” Who would be confused?

Intellectual Property 40

Intellectual Property Advertising Advertising Copyright Infringement 40

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? Precedential Nos.

Registration 52

Registration Designs Design Trademark 52

The IPKat

FEBRUARY 5, 2024

If the answer to any of the questions in 1(a) is in the affirmative: (2) What criteria should be used in this case to determine whether the use of an EU trade mark is consistent with honest practices in industrial and commercial matters? (3) The Court of Justice of the EU (‘CJEU’) disagreed in its recent Audi judgment (case C-334/22 ).

Art 67

Art Designs Design Advertising 67

The TTABlog

AUGUST 23, 2021

Opposer Agile Sports Technologies claimed likelihood of confusion with, and likelihood of dilution (by blurring) of, its registered HUDL and HUDL-formative marks for various sports-related software and video goods and services. This post will attempt to hit the high points. Agile Sports Technologies, Inc.

Registration 52

Registration Marketing Marketing Editing 52

43(B)log

AUGUST 26, 2021

Klayman alleged, among other things, that the newsletter was a false endorsement or advertisement under the Lanham Act because it identified him as “Chairman and General Counsel” after he had left Judicial Watch. When Judicial Watch wrote the newsletter identifying Klayman as “Chairman and General Counsel,” that’s what he was.

False Advertising 59

False Advertising Advertising Advertising Editing 59

43(B)log

DECEMBER 8, 2022

At trial, Republic alleged that HBI engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. It also rejected the Lanham Act false advertising claim, but found unfair competition and IUDTPA violations by HBI. HBI counterclaimed that Republic infringed its copyrights and trade dress.

False Advertising 59

False Advertising Advertising Advertising Editing 59

43(B)log

JULY 15, 2022

So a lot of interesting discussion of what suffices for a profits and damages award. But it overturned the $1 million in damages because there was no evidence of actual confusion. But it overturned the $1 million in damages because there was no evidence of actual confusion. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

SEPTEMBER 1, 2021

What about other evidence of sales etc.? What about other evidence of sales etc.? May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Did Mandabach have valid marks?

Social Media 93

Social Media Television False Advertising Artistic Work 93

Kashishipr

JULY 13, 2022

Augmented Reality (AR) and Virtual Reality (VR) technologies are growing rapidly and becoming more noticeable and shall be transformative to the way we learn, live, work, and play. Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72