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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The IPKat

APRIL 22, 2024

If you were too busy enjoying the spring sunshine to follow the IP news last week , here's the summary of what you missed. The case highlights what will count as "relevant" circumstances (e.g. The case highlights what will count as "relevant" circumstances (e.g. Patents A Kat enjoying her time in the sun.

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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. On one hand, trademark owners argue that business is being diverted to their competitors by this practice. Amit Sibal. DRS Logistics.

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The TTABlog

OCTOBER 26, 2023

Opposer Stratio Big Data claimed a likelihood of confusion with its mark STRATIO for computer software for collecting and analyzing data. Opposer’s software and data services "are exclusively or at least primarily targeted to businesses, and would be expected to be used in connection with important business assets.

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The TTABlog

JANUARY 25, 2022

CAFC opinion here ; denial of rehearing here ], in which the court held that the Brewery lacked Article III standing to challenge the Board's ruling on likelihood of confusion involving non-competing goods. It leaves unsaid what is the “issue” when the parties are not in competition.

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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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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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Erik K Pelton

JUNE 7, 2021

When you’re building a substantive response, whether it’s a likelihood of confusion issue, a descriptive issue, or some other issue, attaching compelling, usable evidence that’s tangible to the response makes a significant difference. And I want to briefly share the four key elements of a strong response.

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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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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).

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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. There are four key things to consider when deciding on trademark infringement litigation: KNOW YOUR BUSINESS MODEL AND IP RIGHTS. Were you using your trademark before the alleged infringer?

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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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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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The TTABlog

APRIL 3, 2023

Section 2(a) - Deceptiveness: TTAB Affirms Two Refusals of "ROSE PETALS" for Supplements Not Containing Rose Petals Section 2(d) - Likelihood of Confusion: TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages? Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

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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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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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Technology & Marketing Law Blog

JANUARY 8, 2024

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. The trademark owner argued that the customers may have been directed via initial interest confusion to the rival website.

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IP and Legal Filings

OCTOBER 30, 2021

For comparing and examining the likelihood of confusion, there can be several factors that play a key role in determining the same. In almost all the cases of a trademark dispute, be it an identical or similar trademark , while ascertaining the likelihood of confusion, there needs to have a precise comparison of goods and services.

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The IPKat

SEPTEMBER 3, 2022

In 2020, the board dismissed the appeal in its entirety and found that there was a likelihood of confusion pursuant to Article 8(1)(b). In addition, it also considered that the goods were aimed at consumers with a high level of attention since those goods are intended for business customers with specific professional expertise.

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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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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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Patently-O

JANUARY 12, 2023

The Patent Eligibility Restoration Act should be modified to prevent the reintroduction of patents on naturally-occurring genomic sequences that are isolated and purified in the lab, a change that will enable international pathogen research to continue while interfering little with private incentives to develop new biomedical technologies.

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The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. So it all boiled down to the marks.

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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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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.

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Patent Trademark Blog

FEBRUARY 6, 2024

What is a Certification Mark? You need to consider whether such an application should be filed as trademark application to indicate that certain goods or services are originating from your business. That means an applied-for certification mark must not have a likelihood of confusion with any prior trademark registrations.

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Patent Trademark Blog

APRIL 20, 2022

What is the #1 factor in filing a trademark application? For many businesses thinking of registering a trademark, cost is the biggest factor. What should be the most important factor in filing a trademark application? What is the #1 thing to consider when you’re hiring a trademark attorney? I’m not surprised.

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The IPKat

NOVEMBER 27, 2023

Floor cleaning appears to be big business, with the claimant enjoying more than £17m in turnover in 2020 (boosted by the pandemic, perhaps?). The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years.

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LexBlog IP

FEBRUARY 16, 2024

trademark registration for your trademark on goods or services for your business. For trademark registrations within five years, the grounds for cancellation of a trademark registration include the likelihood of confusion, abandonment, dilution, deceptiveness, and whether the mark is merely descriptive or has become generic or functional.

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The TTABlog

SEPTEMBER 1, 2021

The USPTO refused to register the word-plus-design mark shown below, for various clothing items [YOKOHAMA disclaimed], finding confusion likely with the registered mark RADIALWEAR for overlapping clothing items. But are these marks confusable? The panel majority therefore found confusion likely and it affirmed the refusal.

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IPilogue

DECEMBER 6, 2021

What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? As part of the course requirements, students were asked to write a blog on a topic of their choice. The Zellers Trademark: Then and Now.

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43(B)log

DECEMBER 1, 2022

Another Viacom witness testified that “Floribama” offered “a very distinct sense of what part of the country and subculture that is,” and that, because Florida has “multiple subcultures,” a name like “Florida Shore” would not have sufficiently identified the Gulf Coast setting. Viacom made the Jersey Shore spin-off MTV Floribama Shore.

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azrights

OCTOBER 27, 2021

They copy business models, and any aspect of a business’ successful branding, be it, by introducing new features, copying its positioning, or even using similar names or brand identifiers. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

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LexBlog IP

FEBRUARY 16, 2022

The Hermes lawsuit raises all sorts of questions for brand owners, artists, and truthfully almost any business owner as to the intellectual property rights in emerging technology, whether it is the metaverse, NFTs, or other expressive mediums that have not yet been conceived. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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The IPKat

OCTOBER 25, 2022

28 October 2022 | UWI St Augustine Faculty of Law: " Researching transnational law in local context: what questions to ask, what methods to use, and how can we study transnational law? " (online) UWI STA organises a series of sessions held on Fridays. meanwhile the genius was sleeping " by extraterila is licensed under CC BY 2.0.

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Kashishipr

JULY 13, 2022

Undoubtedly, both technologies bring a complete set of novel Intellectual Property (IP) issues for business companies, brands, individuals, courts, and IP practitioners. The digital features could be anything perceived by the five senses, i.e., vision, smell, taste, sound, or touch. It is the primary technology of the metaverse.

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The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

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