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Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Technology & Marketing Law Blog

The trademark owner argued that the search results didn’t disclaim an affiliation between the companies, but it had no evidence to support that concern and thus it couldn’t survive summary judgment. Peninsula Components, Inc. However, the results are consistent with each other. 2023 WL 9051998 (E.D.

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comparison charts could infringe, but properly labeled internal search didn't

43(B)log

Peninsula Components, Inc., There’s a factual dispute over whether Peninsula’s use of Penn Engineering’s trademarks in its “PEM Family of Marks” (based on the name of its holding company) in Google search advertisements stemming from three ad vendors constituted an intent to confuse. Penn Engineering & Manufacturing Corp.

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Can You Trademark A Hashtag?

Kashishipr

For instance, #smilewithacoke and #cokecanpics by the Coca-Cola Company, #McDstories by McDonald’s, and #makeitcount by Nike are the most popularly cited examples. A few examples of existing trademarks bearing the said prefix are #BDOUNIBANK in Class 36 for banking-related services, #SAYITWITHPEPSI in Class 32 by PepsiCo Inc.,

Trademark 105
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“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”

IP and Legal Filings

This distinctiveness can be inherent, as in the case of “Colgate” being inherently distinctive for toothpaste because the word has no apparent connection to toothpaste, allowing consumers to easily differentiate the products and services from those of other companies. It has its own name –Tiffany blue.