Likelihood of Confusion

MARCH 20, 2024

What’s all this I hear about a trademark registration by Subway for FOOTLONG with respect to sandwiches? Aaron Thalwitzer ably demonstrates why I am justified in doing so in this fine post on the Tactical IP […] The post Footlong trademark thing appeared first on LIKELIHOOD OF CONFUSION™.

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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. Horology is however a market steeped in history with its own unwritten rules and customs. Journe, Vacheron Constantin or A.

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The IPKat

SEPTEMBER 18, 2021

This Kat is waiting watchfully What weekend could fail to be brightened by a jaunt around the IP blogs? Keeping with the US theme, the IP Watchdog recently released its IPR (inter partes review) Intelligence report, covering PTAB filing activity, with the latest article revealing that almost one third of IPR proceedings are settled.

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IPilogue

MARCH 21, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? 2023 FCA 4.The 2023 FCA 4.The

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Patent Trademark Blog

DECEMBER 6, 2022

What does house mark mean? Building your trademark registration portfolio will generally strengthen your IP rights. 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. The post What is a house mark?

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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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IPilogue

JUNE 30, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. Regarding confusion, the court held that the internet has created an additional market for “Sholay”. This, in addition to the use of an identical logo and marks by the defendant, creates a “ likelihood of confusion ”.

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Likelihood of Confusion

JULY 24, 2022

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

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The IPKat

SEPTEMBER 4, 2023

Acedes, which acquired some of the assets of AC Cars in 1996, including the IP rights and goodwill relating to the mark “AC Cobra", registered the mark in the UK in 2007 (the AC Cobra Mark). Cars with the AC Cars chassis and a Ford engine subsequently went into production under the name "Cobra", as chosen by Mr Shelby.

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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.” Initially, the district court held that the “Bad Spaniels” dog toy likely causes consumer confusion and tarnishes Jack Daniel’s marks. Will it bite?

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The IPKat

MAY 11, 2022

The IP blogs were very active during the last week of April! What about the EU? What are the next steps? COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. That's why the IPKat is here to collect some of the most notable posts for you!

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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. Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world.

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IP and Legal Filings

AUGUST 4, 2021

The Board of Appeal concluded that the similarity was not the major one where just the average degree of similarity was not sufficient to prove the likelihood of confusion. Facts and Board of Appeals’ decision. The protection was claimed in Nice Classes 3, 35, 44 which was primarily for the field of cosmetic and beauty products.

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IP Intelligence

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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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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IP Intelligence

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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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%

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Likelihood of Confusion

FEBRUARY 24, 2023

The first two-thirds of this video is a story about a fundamental misunderstanding about what intellectual property is, in the sense of intellectual property that can legally “protected” (i.e., The post Vain reaction appeared first on LIKELIHOOD OF CONFUSION™. monopolized).

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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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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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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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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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The IPKat

OCTOBER 31, 2023

What did the cheese say to itself in the mirror? The Opposition was grounded on Article 8(1)(b) of the EU Trade Mark Regulation 2017/0001 (EUTMR) - i.e. that identical or similar marks should not be registered for identical or similar goods and services where there exists a likelihood of confusion. halloumi ’.

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IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue.

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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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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.

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The IPKat

DECEMBER 9, 2021

Katfriend Federica Combariati (TM IP Counsel at Assa Abloy) discusses a recent decision relating to AC Milan’s attempt to extend its international trade mark registration for its club logo to the territory of the European Union. A German based company, very prolific in such business area, has already registered the name "Milan".

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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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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. February is finally here, Mercury retrograde is over and we can finally breathe lightly! PatentlyO posted on the US Utility Patent Applications Allowance Rate followed by a quick analysis of the results.

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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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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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IP Law 360

OCTOBER 2, 2023

Supreme Court on Monday turned down appeals covering several intellectual property disputes, including ABKCO Music's appeal of a Second Circuit ruling that a music archive's founder was not directly responsible for copyright infringement and a trademark dispute over what the legal standard for a "consumer" is when conducting a likelihood of confusion (..)

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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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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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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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Likelihood of Confusion

SEPTEMBER 13, 2021

I can’t claim to be keeping close tabs on what’s going on in theBarbie / Bratz trademark litigation. appeared first on LIKELIHOOD OF CONFUSION™. But lookie here: A federal appeals court has ruled that Mattel Inc. doesn’t.

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The IPKat

FEBRUARY 14, 2023

IP is my passion” says the Kat Copyright This Kat noticed that the Parisian couture house Saint Laurent has been selling a handbag model, the Take-Away Box, which is seemingly inspired by the packaging of McDonalds' children's menu, the Happy Meal. Trade marks On 1 February 2023, several changes to the Madrid System came into effect.

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