Remove topics reverse-confusion
article thumbnail

ISP Surprises Record Labels with ‘Innocent Infringer’ Witness at Piracy Trial

TorrentFreak

The “repeat infringer” issue remains a hot topic in US courts and over the years several ISPs have been sued because of them. In anticipation, both parties submitted motions to exclude several topics, with partial success. “And you’re going to learn that customers would call in confused about the accusations against them.

article thumbnail

WYHA? TTAB Affirms Section 2(d) Refusal of "NATURES STAR HEMP" Over "NATURES-STAR & Design" for Personal Care Products

The TTABlog

In its 180th Section 2(d) affirmance this year (against 14 reversals), the Board upheld a refusal to register the mark NATURES STAR HEMP for skin and body topical lotions, creams, balms, and salves for cosmetic use that contain hemp oil extract [HEMP disclaimed], finding confusion likely with the word-and-design mark shown below, for essential oils, (..)

Designs 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits

Technology & Marketing Law Blog

The law reversed that trend and largely (but not completely) wiped away the business practice. 28, 2023) Prior posts on the Consumer Review Fairness Act and related topics FTC’s Confusing Guidance on How Merchants Should Manage Their Consumer Reviews Review Services Aren’t Liable for Removing Business Profiles (and Associated Reviews)–PCS v.

article thumbnail

[Guest post] Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

The IPKat

Only if either of these limbs apply will the court proceed to an assessment of likelihood of confusion, as is the ordinary course for trademark infringement actions. The Rogers test was not therefore applicable – although the Bad Spaniels parodic message could be a relevant factor in the assessment of likelihood of confusion.

article thumbnail

2021 IP Year in Review

IPilogue

Copyright Confusion: Sony Upsetting Nintendo YouTubers by Natalie Bravo. Unlike the 2020 decision Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society (Herbs “R” Us ) , where the Federal Court failed to find the marks confusing, Justice McHaffie held there was a likelihood of confusion and passing off. By Claire Wortsman.

IP 106
article thumbnail

SpicyIP Weekly Review (August 9 – 15)

SpicyIP

Topical Highlight. A District Judge in Waco, Texas, rejected Intel’s plea to reverse a $2.18 Ensuring Access to TB drugs: Is Compulsory License the Way? In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. 6 August, 2021].

article thumbnail

5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! For similar reasons, the warnings were uncontroversial.