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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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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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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Technology & Marketing Law Blog

OCTOBER 5, 2023

This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I I wrote an expert declaration about them in 2021). The merchant’s Amazon product listing: I use a nearly identical example in my SAD Scheme paper : an Amazon listing description using the word “emoji” to describe a poop emoji displayed on a mug.

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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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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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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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The IP Law Blog

JULY 14, 2022

At least, that is what Ohio State University attested to in a declaration to the USPTO in response to an office action where the USPTO’s examining attorney had refused to register the mark because the examiner believed it was ornamental in nature, meaning that the use was decorative, not a designation of source.

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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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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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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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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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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 19, 2021

Having successfully defeated an action for unfair competition brought in the Massachusetts federal court, Respondent Skawa Innovation moved for summary judgment in this cancellation proceeding that had been suspended pending the outcome of the litigation. Skawa asserted that claim and issue preclusion barred Smartling's claims.

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azrights

OCTOBER 27, 2021

Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with. People’s sense of what is unethical and unfair copying is often out of line with the law’s approach to regulating competition. Essentially this is the role of brand codes – to uniquely identify your brand so there is no confusion.

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The TTABlog

JULY 27, 2021

The Board had also concluded, "[f]or purposes of completeness," that Valvoline did not prove its likelihood of confusion claim. Issue preclusion, or collateral estoppel, bars a party from re-litigating the same issue in a second action between the parties, B&B Hardware, Inc. TTABlogged here ]. TTABlogged here ]. 76 U.S.P.Q.2d

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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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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? You may see your trademark rights getting diluted and possibly canceled through litigation. You may see your trademark rights getting diluted and possibly canceled through litigation. Don’t let that Trademark Registration certificate fool you.

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LexBlog IP

JULY 5, 2023

Prior to litigation, Abitron’s global sales revenue from infringing products amounted to over $90 million, of which $240,000 came from U.S. if] such use is likely to cause confusion.” The case is Abitron Austria GmbH v. Hetronic International, Inc. and abroad. To assess the issue, the Court applied a two-step framework.

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The TTABlog

OCTOBER 4, 2021

In the seminal fraud case of In re Bose , the CAFC left open the question of whether "reckless disregard" for the truth is sufficient for a finding of fraud on the USPTO. By no longer requiring proof of an intent to deceive the USPTO, the Board has significantly lowered the bar for proof of fraud. See Trademark Act Section 33, 15 U.S.C.

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Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. The digital features could be anything perceived by the five senses, i.e., vision, smell, taste, sound, or touch.

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LexBlog IP

JULY 14, 2022

At least, that is what Ohio State University attested to in a declaration to the USPTO in response to an office action where the USPTO’s examining attorney had refused to register the mark because the examiner believed it was ornamental in nature, meaning that the use was decorative, not a designation of source.

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43(B)log

JULY 15, 2022

So a lot of interesting discussion of what suffices for a profits and damages award. But it overturned the $1 million in damages because there was no evidence of actual confusion. But it overturned the $1 million in damages because there was no evidence of actual confusion. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th

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The IPKat

JANUARY 6, 2022

Darren Meale of Simmons & Simmons presents the tenth volume in his rundown of notable trade mark cases over the past six months. Here we go! Retromark Volume X: the last six months in trade marks by Darren Meale Retromark turns ten volumes, making it about four and a half human years old. Here’s another 10 highlights for your consideration.

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The IPKat

AUGUST 1, 2023

Background This case concerns the latest instance of litigation brought by Lifestyle Equities (Lifestyle), a licensee of the BEVERLY HILLS POLO CLUB mark, against another polo clothing company – this time the UK-based Royal County of Berkshire Polo Club (RCB).

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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

JUNE 15, 2022

Match established to the satisfaction of the High Court that Muzmatch, which used “match” and “Tinder” in its website metadata as well as in keyword tags such as “match-muslim” and “uk-muslim-match” to drive internet traffic to its platform was likely confusing consumers to believe the links refer to the Match Group.

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Patent Trademark Blog

FEBRUARY 10, 2022

What can you do if your trademark application is opposed? Most trademark oppositions will include likelihood of confusion as grounds for denying the registration of an applied-for mark. Therefore, trademark opposition defendants should consider any effective defenses for arguing against the probability of confusion.

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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.” But Justice Alito brought up a great point: would Jack Daniels want to sell a toy where “what’s going to be purportedly in this dog toy is dog urine.” Who would be confused?

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LexBlog IP

FEBRUARY 16, 2022

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs. Grimaldi , 875 F.2d 2d 994 (2d Cir.

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LexBlog IP

AUGUST 2, 2023

When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used to prove the amount of the indemnification claimed in the proceeding.

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43(B)log

AUGUST 26, 2021

During the fifteen years of ensuing litigation, Klayman lost several claims at summary judgment and then lost the remaining claims after a jury trial. When Judicial Watch wrote the newsletter identifying Klayman as “Chairman and General Counsel,” that’s what he was. The jury ultimately awarded Judicial Watch $2.3

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IP Tech Blog

NOVEMBER 2, 2023

In fact, there was a pending federal lawsuit involving the mark and a then-pending cancellation proceeding based on likelihood of confusion grounds. In Great Concepts LLC v. Chutter, Inc. , The operative facts of the case are relatively straightforward. The “DANTANNA’S” trademark issued in 2005.

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SpicyIP

OCTOBER 9, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week A Deeper Look into the Humans of Bombay and People of India Fiasco Image from here Humans of Bombay v.

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SpicyIP

AUGUST 7, 2023

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Anything important we’re missing out on? Drop us a comment below! The last date to apply is August 12, 2023. Case: Dr. Reddys Laboratories Ltd.

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