IPilogue

MARCH 21, 2023

What do a company in the business of mining and selling construction equipment, and an athletic-wear and sporting accessories brand, have in common? Caterpillar shortly opposed the application, asserting that, inter alia , the PROCAT mark was confusing with Caterpillar’s own CAT & Triangle Design [shown below]. 2023 FCA 4.The

Branding 104

Branding Brands Branding Designs 104

Patently-O

SEPTEMBER 17, 2023

As the court made clear, while logos are often key for avoiding consumer confusion about product source in the trademark sense, the absence of source confusion does not necessarily preclude a finding of design patent infringement. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

SpicyIP

SEPTEMBER 5, 2023

This by itself was strong evidence, according to the IPAB, to show confusion. Also, the class of consumers being children increased the possibility of confusion. Also, the class of consumers being children increased the possibility of confusion. The defendant’s use started four years later in 1991.

Registration 105

Registration Trademark Marketing Marketing 105

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. .”

Cease and Desist 52

Cease and Desist Branding Brands Branding 52

The TTABlog

JULY 11, 2023

Thomas McCarthy shares his thoughts (below) on the Supreme Court's "Bad Spaniels" decision (pdf here ), in the hope of stimulating discussion (in the comments) as to what readers think will be the impact of the case on the use of marks in "expressive" works. As you will recall, the Court vacated the decision of the U.S.

Trademark 73

Trademark Government Designs Design 73

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.

Advertising 88

Advertising Advertising False Advertising Trademark 88

The IPKat

DECEMBER 31, 2023

The Opposition Division of the EUIPO only examined the first ground of the Opposition, in respect of the ROYAL ITMR, finding that there was indeed a likelihood of confusion, and upholding the Opposition.

Branding 62

Branding Brands Branding Registration 62

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.

Branding 94

Branding Brands Branding Registration 94

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.

Blogging 93

Blogging Social Media Television Fair Use 93

IPilogue

JUNE 30, 2022

The defendants however contended, in their written response, that: Film titles are not entitled to IP protection; There is no probability of confusion between the defendants’ business and the plaintiffs’ movie; “ Sholay ” is a dictionary word (translation: embers). What about Canada? Defences raised.

Cinema 106

Cinema Artwork Trademark IP 106

43(B)log

SEPTEMBER 5, 2023

The Tenth Circuit has held that courts may presume injury “once a plaintiff has proven that the defendant has falsely and materially inflated the value of its product (or deflated the value of the plaintiff’s product), and that the plaintiff and defendant are the only two significant participants in a market or submarket.”

False Advertising 59

False Advertising Law Advertising Advertising 59

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. .”

False Advertising 99

False Advertising Advertising Advertising Trademark 99

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). The marks are close enough, but what about the goods? How do you think this came out?

Branding 44

Branding Brands Branding Social Media 44

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).

Trademark 98

Trademark Marketing Marketing Business 98

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.

IP 74

IP Advertising Advertising Copyright 74

The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

Registration 52

Registration Marketing Marketing Trademark 52

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.

Advertising 105

Advertising Advertising Trademark Settlement 105

The TTABlog

SEPTEMBER 2, 2021

opposed registration of the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both for clothing. But what about the marks? TTABlogger comment: Do you really think anyone would be confused by these marks (in the real world)? Lacoste Alligator S.A.

Designs 89

Designs Design Advertising Advertising 89

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.

Branding 52

Branding Brands Branding Trademark 52

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.

Trademark 80

Trademark Advertising Advertising False Advertising 80

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.

Trademark 112

Trademark Registration Marketing Marketing 112

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.

Trademark 122

Trademark Fair Use Trademark Law Branding 122

The TTABlog

JULY 19, 2023

The involved services overlap, but what about the marks? Rather, he maintained, the most accurate translation is "free market." We take judicial notice that “free market” means “[a]n economic market in which supply and demand are not regulated or are regulated with only minor restrictions.” How about the translations?

Marketing 40

Marketing Marketing Designs Design 40

The TTABlog

MARCH 15, 2024

Petitioner MHCS sought cancellation of a registration for the mark VEUVE OLIVIER for sparkling wines, claiming a likelihood of confusion with the registered mark VEUVE CLICQUOT for champagne. But what about the marks? Priority was not an issue because MHCS filed its underlying application first. How do you think this came out?

Advertising 48

Advertising Advertising Branding Brands 48

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.

IP 70

IP Marketing Marketing Reporting 70

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].

Advertising 104

Advertising Advertising False Advertising Trademark 104

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

Advertising 84

Advertising Advertising False Advertising Trademark 84

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.

Branding 52

Branding Brands Branding Trademark 52

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. But what about likelihood of confusion?

Registration 52

Registration Designs Design Advertising 52

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.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

JANUARY 25, 2024

In those instances, a traditional likelihood of confusion or dilution analysis is required. It reiterated that where artistic expression is at issue, “the traditional [likelihood of confusion] test fails to account for the full weight of the public’s interest in free expression.” AJ Press, Inc. ,

Trademark 40

Trademark Designs Design Branding 40

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ?

Service Mark 82

Service Mark Designs Design Ownership 82

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.

Trademark 52

Trademark Registering Trademarks Branding Brands 52

The TTABlog

OCTOBER 28, 2022

Since the marks are identical, a lesser degree of similarity between the involved goods is necessary to support a finding of likely confusion. "[T]here T]here need only be a viable relationship between the goods to find that there is a likelihood of confusion." In re Genebook LLC , Serial No.

Registration 52

Registration Reporting Marketing Marketing 52

The TTABlog

AUGUST 23, 2021

Opposer Agile Sports Technologies claimed likelihood of confusion with, and likelihood of dilution (by blurring) of, its registered HUDL and HUDL-formative marks for various sports-related software and video goods and services. This post will attempt to hit the high points. Agile Sports Technologies, Inc.

Registration 52

Registration Marketing Marketing Editing 52

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?

Registration 70

Registration Designs Design Trademark 70