Likelihood of Confusion

MARCH 21, 2022

Michael Atkins is beside himself with intellectual-property-enforcement frustration about the use of an image of the Seattle Space Needle — a tall pointy building what they have there instead of. The post The Sound of silence appeared first on LIKELIHOOD OF CONFUSION™.

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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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LexBlog IP

JULY 13, 2023

that Lanham Act (Act) remedies for trademark infringement do not extend to infringing conduct that takes place outside the United States, regardless of whether the activity creates a likelihood of confusion within the United States — and in the process vacated $96 million of a $115 million jury verdict in favor of Hetronic.

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The IP Law Blog

JULY 7, 2022

In Vans’ motion for a TRO, the court determined that Vans would likely prevail on its claims that consumers would be confused between the Wavy Baby sneakers and Vans’ Old Skool sneakers because of their “striking visual similarities” and packaging. The case is Vans, Inc. MSCHF Product Studio, Inc. The court did not consider the Rogers test.

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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. Intellectual property attorneys can review the situation, prepare and send this cease and desist letter which is essentially a demand letter to the trademark infringer.

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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 IPKat

FEBRUARY 14, 2023

This Kat wondered on what basis the fast food company could sue Saint Laurent , if such a dispute were ever to arise. This case illustrates the reluctance of the General Court to find a likelihood of confusion on the basis of weakly or even non-distinctive elements. Marcel Pemsel summarised each of these important changes.

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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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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.

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The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. That does not preclude other parties from utilizing the word THE along with other words so long as the mark as a whole does not create a likelihood of consumer confusion.

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The IPKat

JANUARY 27, 2024

The BoA confirmed that the shape lacked inherent distinctiveness, as it did not deviate significantly from what is customary in the tent sector. The German Patent Court found that 'COCO' had a low degree of distinctiveness and therefore there was no likelihood of confusion. Image from Pixabay.

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McBayer IP Blog

APRIL 22, 2021

Posted In Intellectual Property , Trademark Lil Nas X, Trademark infringement, Satan, Shoes. More > Tags: dilution claim , First Sale doctrine , likelihood of confusion , Trademark , trademark infringement , Trademarks.

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The IPKat

APRIL 29, 2023

While still waiting for the GI registration , producers of Halloumi cheese failed to demonstrate the likelihood of confusion between their collective mark and a figurative sign “Bbqloumi”. At the same time, the likelihood of confusion is not required to establish infringement of a GI.

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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. VIP Products LLC , handed down June 8, 2023, unanimously overturned the U.S. as a trademark). .”

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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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LexBlog IP

DECEMBER 21, 2023

” The district court refused to apply Columbia’s draft instructions and instead gave instruction that the jury “must decide what is prior art.” ” The district court refused to apply Columbia’s draft instructions and instead gave instruction that the jury “must decide what is prior art.”

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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

JANUARY 16, 2022

Take shelter in this post and check what was published last week around the IP blogs. The year has barely begun, and another period of Mercury retrograde is already upon us. Since the pandemic started, 5,070 global patent applications have been published. Jamaica is the 110th Member State to join the Madrid Protocol.

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The IPKat

MARCH 7, 2023

Under the Staywell approach, the three elements, namely, similarity of marks, similarity of goods or services, and likelihood of confusion arising from the two similarities, are to be assessed systematically. The courts of Singapore have seen a series of interesting developments in connection with distinctiveness under trade mark law.

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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

JANUARY 25, 2024

Last year, the Supreme Court limited application of the Rogers test in Jack Daniel’s Properties, Inc. In those instances, a traditional likelihood of confusion or dilution analysis is required. AJ Press, Inc. , focused news publications was protected expression and not explicitly misleading.

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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.” Supreme Court heard oral arguments over the trademark dispute between Jack Daniels Properties Inc., Supreme Court heard oral arguments over the trademark dispute between Jack Daniels Properties 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

JULY 7, 2022

In Vans’ motion for a TRO, the court determined that Vans would likely prevail on its claims that consumers would be confused between the Wavy Baby sneakers and Vans’ Old Skool sneakers because of their “striking visual similarities” and packaging. The case is Vans, Inc. MSCHF Product Studio, Inc.

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The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. December is finally here and now part of our focus (and mostly our fears) have shifted to Secret Santa gifts.

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IPilogue

DECEMBER 6, 2021

Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School , enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. What does the colour red, an in-store family diner, and Zeddy the teddy bear remind you of? The Zellers Trademark: Then and Now. is contravening s.

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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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The IPKat

SEPTEMBER 4, 2023

Background This case relates to the “Cobra” sports car (pictured below) which came into being in 1962 when the American racing driver Caroll Shelby (famously depicted by Matt Damon in the film Ford vs Ferrari ) requested that a Ford engine be installed into the modified chassis of a car produced by a firm called AC Cars, at its factory in Surrey.

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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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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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LexBlog IP

MAY 9, 2023

What do you do now? ” The standard in this context is “likelihood of confusion,” which focuses on how likely consumers would be to confuse the new mark with the existing mark. Try a New Language Ok, but what if we take on a multi-lingual approach? It depends. Sorry, aber es geht nicht!

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LexBlog IP

JUNE 15, 2023

When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Where applicable, the Rogers test is a powerful defense against claims of trademark infringement and dilution.

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LexBlog IP

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. But is it really that big of a deal? In my humble opinion, it is not. This tradition is longstanding and goes far beyond football.

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LexBlog IP

JUNE 13, 2022

Mutually beneficial product placements are interesting, but what is perhaps more interesting is what happens if the brand owner doesn’t like the way their brand is portrayed in a film. One possibility is a likelihood of confusion claim.

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43(B)log

SEPTEMBER 1, 2021

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.” What about other evidence of sales etc.? What about other evidence of sales etc.? Did Mandabach have valid marks?

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? It is the likelihood of confusion that leads to trademark infringement instances. Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you.

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