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? Puma first applied for the trademark PROCAT in 2012 for its sub-brand of youth sporting accessories. Apparently, the cat has been let out of the bag on this one. 2023 FCA 4.The

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The TTABlog

MARCH 20, 2024

The USPTO refused to register the mark shown below left for, inter alia , footwear, finding confusion likely with the mark shown below right, for "shoes." Applicant Global Brand Partners asserted that "the marks are sufficiently different” to avoid a likelihood of confusion. What do you think? See Textron Inc.

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Likelihood of Confusion

MAY 12, 2024

683’s Clarified Standard of Proving Dilution I got a status update yesterday from the House Judiciary Committee on the INTA-backed Trademark Dilution Revision Act […] The post What exactly is with the new trademark dilution bill? appeared first on LIKELIHOOD OF CONFUSION™.

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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.” 7 Brand Tennessee Sour Mash Whiskey bottle altered to say “ Bad Spaniels.” 7 Brand Tennessee Sour Mash Whiskey bottle altered to say “ Bad Spaniels.”

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SpicyIP

APRIL 6, 2023

[ 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. In Intercontinental Great Brands versus Parle Product Private Limited, the DHC passed an interim order restricting Parle from using ‘Fab!o’ Parle Product Pvt.

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azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

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Likelihood of Confusion

FEBRUARY 13, 2024

On Avenue J in Brooklyn’s Midwood section (known to orthodox Jews as “Flatbush,” though it is barely near Flatbush proper), LIKELIHOOD OF CONFUSION® encountered a glatt kosher Subway restaurant. We have discussed this issue before, or one very much like it (legally the same; religiously, not quite!).

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SpicyIP

AUGUST 20, 2023

These key questions i.e., what is the objective behind a user’s search and what is the purpose of a search engine form an important focal point of the Delhi High Court’s decision in Google v. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. Amit Sibal. DRS Logistics.

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The IPKat

DECEMBER 9, 2021

The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.

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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? Hostess Brands, LLC v.

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The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

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Patent Trademark Blog

JANUARY 31, 2024

What is Amazon Project Zero? Need help with protecting trademarks and brands in selling products on Amazon? When it comes to counterfeits or goods that bear substantially similar brands, we are talking about trademark protection. What are the requirements to enroll in Amazon Project Zero? How do sellers use Project Zero?

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DuetsBlog

OCTOBER 21, 2020

Hotels, Ice Cream, and Shoes as Canvases for Great Brands. . Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like. . So, let me ask a slightly weirder question: If Nike were an ice cream flavor, what would it taste like? . What would it look like? .

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LexBlog IP

JULY 26, 2023

Future cases addressing a parody or humorous use of another’s mark will likely see an increased focus on what constitutes a “source-identifying” use, and whether the use is likely to cause confusion among consumers. 7 Brand Tennessee Sour Mash Whiskey” was replaced with “The Old No. as a trademark).

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The TTABlog

MARCH 29, 2023

opposed applications to register EVERWILD (in standard form) and EVERWILD SPIRITS & design , both for "distilled spirits," claiming likely confusion with its registered mark EVERCLEAR for alcoholic beverages except beer. The Board found the involved goods to be legally identical, but what about the marks? Luxco, Inc. Luxco, Inc.

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LexBlog IP

APRIL 11, 2023

But it could also lead to confusion in the aisles of Pennsylvania’s liquor stores. Because various types of alcohol goods are available in various types of stores, this often leads to consumers making trips to multiple different stores depending on what type of alcohol they want to buy.

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LexBlog IP

SEPTEMBER 18, 2023

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services. One of the main issues that the district court and Seventh Circuit discussed was that of forward confusion versus reverse confusion with regard to trademark infringement. ” Id. .”

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The TTABlog

JULY 11, 2023

Thomas McCarthy shares his thoughts (below) on the Supreme Court's "Bad Spaniels" decision (pdf here ), in the hope of stimulating discussion (in the comments) as to what readers think will be the impact of the case on the use of marks in "expressive" works. As you will recall, the Court vacated the decision of the U.S.

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Patently-O

SEPTEMBER 17, 2023

As the court made clear, while logos are often key for avoiding consumer confusion about product source in the trademark sense, the absence of source confusion does not necessarily preclude a finding of design patent infringement. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

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The IPKat

DECEMBER 31, 2023

Royal Unibrew (the Opponent) is a Danish brewing and beverage company which owns a number of brands including Ceres, Faxe, Albani, Thor, Karlens and, importantly, Royal.

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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.

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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.

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LexBlog IP

FEBRUARY 20, 2024

The story begins with Diageo, the company that owns Bulleit Frontier Whiskey, a brand of whiskey that might be familiar to our whiskey-drinking readers. Deutsch & Sons, the owner of the Redemption Whiskey brand. But wait, what about Bulleit and last week? We had one of those great moments of serendipity last week.

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Likelihood of Confusion

SEPTEMBER 29, 2022

So, what happens when a trademark registration lapses? The post Best of 2012: The way of all flash appeared first on LIKELIHOOD OF CONFUSION™. First posted March 27, 2012. The post at the link, by Corsearch, is, yeah, kind of an advertisement for Corsearch.

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LexBlog IP

JUNE 13, 2022

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. In the case of Stranger Things , the placement of Eggo Waffles helped the show to rely on the brand recognition of Eggo to fuel nostalgia and enthusiasm for the show.

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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

LexBlog IP

MAY 2, 2023

What happens when two trademarks have the same spelling? The use of the same trademark is permissible across different classes, as long as there is no likelihood of confusion among consumers. The use of the same trademark is permissible across different classes, as long as there is no likelihood of confusion among consumers.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). I wrote an expert declaration about them in 2021).

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The TTABlog

FEBRUARY 20, 2024

The Board found no likelihood of confusion with the registered mark BABY MAGIC for various toiletry goods (including baby lotion). The Board also erred in failing to weigh the first DuPont factor (the similarity of the marks) "heavily in favor of a likelihood of confusion finding." Naterra International, Inc.

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Patently-O

DECEMBER 7, 2023

A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress. by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. Trendily Furniture, LLC v.

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Intepat

AUGUST 31, 2022

Before trying to get a trademark registered we first need to understand what can be registered as a trademark and what are the possible grounds on which the registration can be refused. According to Section 9 (2)(a), a trademark cannot be registered if it is of such nature so as to deceive the public or cause confusion.

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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.

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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?

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LexBlog IP

JANUARY 25, 2024

In those instances, a traditional likelihood of confusion or dilution analysis is required. It reiterated that where artistic expression is at issue, “the traditional [likelihood of confusion] test fails to account for the full weight of the public’s interest in free expression.” AJ Press, Inc. ,

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The IPKat

AUGUST 1, 2023

in this case, other polo brands) would be to inappropriately broaden the context too widely. The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the recent judgment of the High Court of England and Wales in the Lifestyle Equities v Berkshire Polo trade mark dispute.

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azrights

JUNE 15, 2022

And in the latest development of the dispute the High Court ruled that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding on Match Group’s coattails for undeserved gain. They would believe Muzmatch to be a sub-brand.

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Likelihood of Confusion

APRIL 23, 2022

UPDATE: I have further thoughts about what is almost certainly the real motivating factor behind Jones Day’s actions in connection with their obviously frivolous lawsuit against BlockShopper, and I have. appeared first on LIKELIHOOD OF CONFUSION™. The post Nothing gained?

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