Likelihood of Confusion

FEBRUARY 14, 2024

Bill talks about his new book Moral Panics and The Copyright Wars, which is what you’d expect him to do. Did you know he also has a blog […] The post Patry and “The Copyright Wars” appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Blogging Fair Use Copyright Law 52

Likelihood of Confusion

JULY 24, 2022

Instapundit links to Donald Douglas’s blog post, Beating Righthaven. The post What “Beating Righthaven” means appeared first on LIKELIHOOD OF CONFUSION™. Excerpt: Righthaven files “no warning” lawsuits.

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Blogging Copyright IP 98

The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. The European Patent Office published its 2022 Guidelines for Examination and the Kluwer Patent Blog prepared a post with the 4 main changes in the new version of the guidelines.

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Blogging IP Designs Design 78

Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected. Likelihood of confusion is not the same as actual confusion. Why avoid trademark confusion in the first place?

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Trademark Registration Graphic Design Designs 97

Likelihood of Confusion

AUGUST 4, 2022

Discussed with intelligence and insight at the Derivate Work blog. Republished by Blog Post Promoter. The post What’s A Library, and What Is Google Going to do to It? appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2005-08-19 16:32:51.

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Derivative Work Blogging Fair Use 52

Likelihood of Confusion

FEBRUARY 9, 2022

Usually around this time of year LIKELIHOOD OF CONFUSION® remarks on its “blogiversary,” the story of which is not at all tiresomely set out somewhere on Dean’s World, the blog. The post Blogi-what? appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

Patent Trademark Blog

DECEMBER 6, 2022

What does house mark mean? With a house trademark registration, you would have further rights to argue that a competitor is using a mark that has the likelihood of causing consumer confusion. What specimens should be filed in a house trademark application? The post What is a house mark?

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Registration Trademark Blogging IP 98

Likelihood of Confusion

FEBRUARY 21, 2022

This is what we need right now! Republished by Blog Post Promoter. The post Animal group names appeared first on LIKELIHOOD OF CONFUSION™. Originally posted 2021-05-28 14:13:49.

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Blogging 52

IPilogue

FEBRUARY 8, 2023

s Lanham Act : “under what circumstances does humorous use of another’s trademark as one’s own mark on a commercial product constitute trademark infringement or dilution.” Initially, the district court held that the “Bad Spaniels” dog toy likely causes consumer confusion and tarnishes Jack Daniel’s marks. Will it bite?

Trademark 126

Trademark Branding Brands Branding 126

Likelihood of Confusion

FEBRUARY 26, 2023

What should Corning do? Republished by Blog Post Promoter The post Call the IP Posse! appeared first on LIKELIHOOD OF CONFUSION™. ” Pyrex is a Corning, Inc., Pyrex was machine made. There were never any Pyrex glasses. Originally posted 2013-07-18 08:29:25. Originally posted 2013-07-18 08:29:25.

IP 52

IP Advertising Advertising Blogging 52

IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? Caterpillar shortly opposed the application, asserting that, inter alia , the PROCAT mark was confusing with Caterpillar’s own CAT & Triangle Design [shown below]. 2023 FCA 4.The

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Branding Brands Branding Designs 104

Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How do we calculate this approval rating? for TEAS Plus applications; 14.6%

Trademark 98

Trademark Registration Publishing Registering Trademarks 98

Patent Trademark Blog

JANUARY 31, 2024

What is Amazon Project Zero? The use of a mark that causes a likelihood of confusion, but does not appear identical with or indistinguishable from a genuine trademark, would amount to mere trademark infringement. What are the requirements to enroll in Amazon Project Zero? Is Project 0 About Trademarks or Patents?

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Registering Trademarks Branding Brands Branding 52

Patent Trademark Blog

AUGUST 23, 2023

Our Attorney Fee Guarantee SM brand of services means the opposite of what it sounds like. The sole purpose of our knockout search is to determine your risk of a likelihood of confusion refusal. What triggers a full refund of attorney’s fees under our Attorney Fee Guarantee SM trademark services?

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Branding Brands Branding Trademark 40

Patent Trademark Blog

APRIL 6, 2022

What are smarter ways to respond to trademark Office Actions? For example, a merely descriptive refusal will require a different approach than a likelihood of confusion rejection. What is a smarter approach to a likelihood of confusion refusal? This is where it pays to use an experienced trademark attorney.

Trademark 52

Trademark Registration Blogging IP 52

Likelihood of Confusion

OCTOBER 1, 2022

I’ve been ’round so long I don’t hardly even know what square is. You can still watch it on video, The post Likelihood of peregrination – Minnesota CLE appeared first on LIKELIHOOD OF CONFUSION™. I want to thank Minnesota CLE for having me on February 16, 2016.

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Social Media Blogging 52

IPilogue

JUNE 30, 2022

The defendants however contended, in their written response, that: Film titles are not entitled to IP protection; There is no probability of confusion between the defendants’ business and the plaintiffs’ movie; “ Sholay ” is a dictionary word (translation: embers). What about Canada? Defences raised.

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Cinema Artwork Trademark IP 106

LexBlog IP

FEBRUARY 20, 2024

Trademark infringement has been discussed on several of our posts ( here , here , and here as examples), so I won’t linger on “Likelihood of Confusion.” But wait, what about Bulleit and last week? But wait, what about Bulleit and last week? We had one of those great moments of serendipity last week.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I I wrote an expert declaration about them in 2021). The merchant’s Amazon product listing: I use a nearly identical example in my SAD Scheme paper : an Amazon listing description using the word “emoji” to describe a poop emoji displayed on a mug.

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Trademark Fair Use Trademark Law Branding 120

LexBlog IP

MARCH 28, 2023

As we previously blogged , the issues presented in the care are: 1. 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.

Branding 52

Branding Brands Branding Trademark 52

Patent Trademark Blog

JULY 26, 2021

What are the different types of trademark refusals? What is the confusion refusal? This is arguably the most subjective and common refusal a trademark application may encounter: the notion that the applied-for mark is confusable with another registered mark. What is the descriptiveness refusal?

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Trademark Registration IP Blogging 53

LexBlog IP

MARCH 28, 2023

As we previously blogged , the issues presented in the care are: 1. 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.

Branding 52

Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and mark it as helpful so that the message is amplified and as many people are warned as possible.”. ” he purchased keyword ads triggered by “LoanStreet” that displayed excerpts of his posts and linked to them. .”

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False Advertising Advertising Advertising Trademark 97

Technology & Marketing Law Blog

AUGUST 30, 2023

Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. “any use of “Nursing Ce Central” creates at least some likelihood of confusion.

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Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). 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.

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Trademark Advertising Advertising False Advertising 78

Patent Trademark Blog

MAY 15, 2023

Rejections based on likelihood of confusion or merely descriptive mark are the most common types of trademark rejections. Search Before You Create A Name for Amazon Brand Registry (if possible) A knockout search of live USPTO trademark filings will shed light on the risk of a confusion rejection.

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Branding Brands Branding Trademark 97

IPilogue

AUGUST 10, 2022

To avoid confusion, Ohio State University rebranded itself as The Ohio State University. Second, the USPTO highlighted a potential refusal on likelihood of confusion because Marc Jacobs filed a trademark application for an identical “THE” mark on clothing items earlier than The Ohio State University. On June 21, 2022, the U.S.

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Trademark Registration Marketing Marketing 112

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.

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IP Advertising Advertising Copyright 72

Garrigues Blog

NOVEMBER 30, 2021

The proceeding involved the claim filed by Happy Pills, in what the court called “a borderline case between acts of imitation likely to cause association among consumers pursuant to article 11.2 of the Unfair Competition Law ( UCL ) and acts that generate a likelihood of confusion under article 6 UCL”.

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Branding Brands Branding Law 98

Technology & Marketing Law Blog

DECEMBER 6, 2022

The next part debunks some of the myths that have grown up around the hiQ case during the years of judicial confusion it has caused.]. [Eric’s note: this is the first of a two-part series on the denouement of the hiQ v. LinkedIn case. This part explains the most recent ruling, a devastating but not unexpected loss for hiQ. The opinion.

Blogging 76

Blogging Contracts Litigation Law 76

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. .” Adler sued for trademark and related claims. The Fifth Circuit panel reversed.

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Advertising Advertising Trademark Settlement 105

Patent Trademark Blog

SEPTEMBER 20, 2023

If your product looks substantially similar to what is covered by a design patent, then adding a logo will not magically help you escape infringement. If your product looks substantially similar to what is covered by a design patent, then adding a logo will not magically help you escape infringement. Let’s be clear.

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Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? Are they alleging likelihood of confusion with their trademarks? What circumstances would warrant an extension or suspension of the opposition proceeding? What are realistic cost estimates for the results you wish to achieve? Aim for An Early Settlement.

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Patent Trademark Blog

FEBRUARY 6, 2024

What is a Certification Mark? That means an applied-for certification mark must not have a likelihood of confusion with any prior trademark registrations. Ever wonder about certain marks like UL that you find on goods? How do certification marks differ from trademarks ? Can any company apply to register a certification mark?

Registration 52

Registration Trademark Blogging Branding 52

Patent Trademark Blog

JULY 11, 2023

In other words, what you do before filing a trademark application will significantly impact whether or not you can register your trademark. The standard for refusing the registration of a trademark is whether there is a likelihood of confusion with any registrations. What is this rejection? There’s a problem.

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Trademark Registering Trademarks Due Diligence Registration 52

Technology & Marketing Law Blog

NOVEMBER 28, 2022

So, what exactly is the trademark owner fighting for here? Few consumers are clicking through the ads, and no consumer has yet spent any money on Allied, so there is no evidence of ACTUAL confusion or “diversion” or whatever fictional legal doctrine about consumer behavior the trademark owner is advancing. emphasis added].

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Advertising Advertising False Advertising Trademark 102

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). The parties most vigorously contest the “actual confusion” evidence. The court redacts the denominator, so we can’t compute the fraction). (The

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