Patent Trademark Blog

FEBRUARY 13, 2023

What are similar trademarks? Known as likelihood of confusion or a Section 2(d) refusal, this is one of the most common reasons why trademark applications get rejected. If you get an Office Action with a Section 2(d) refusal, it can be quite challenging to win the argument.

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SpicyIP

APRIL 6, 2023

They have used the approaches of Munday v Carey and Slazenger v Feltham to place focus on the similarities and assume that Parle’s attempt to create confusion has been successful. Parle Product Pvt. Kartik and Aditya are 2nd-year students at NLSIU, Bengaluru, and had earlier written for us here , here and here.]

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The TTABlog

JUNE 30, 2023

Section 2(d) - Likelihood of Confusion: TTABlog Test: Is BILT Confusable With BUILT TO INSPIRE for Non-metal Mailboxes? Yes] TTABlog Test: Are Personal Training Services Related to Clothing For Section 2(d) Purpose? [Yes] Yes] TTABlog Test: Is KOKOMO for Fresh Fruits Confusable With KOKOMO for Wine?

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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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The TTABlog

OCTOBER 5, 2023

Likelihood of Confusion: Because the involved goods are legally identical, the Board must presume that they travel through the same trade channels to the same classes of consumers. The Board concluded that the marks differ in connotation and commercial impression, and that difference "weighs heavily against confusion."

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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.

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SpicyIP

AUGUST 20, 2023

These key questions i.e., what is the objective behind a user’s search and what is the purpose of a search engine form an important focal point of the Delhi High Court’s decision in Google v. We are pleased to bring to you a guest post by Aditya Gupta on the recent Delhi High Court Division Bench order in Google v.

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The TTABlog

OCTOBER 6, 2022

Section 2(a) - False Suggestion of a Connection: TTAB Upholds Section 2(a) False Connection Refusal of US SPACE FORCE for License Plate Frames, Umbrellas Precedential No. 24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB Section 2(b) - Governmental Insignia: Precedential No.

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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 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? Precedential No. Precedential No. Precedential No.

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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. This provision asks the court to read 124(4) along with 124(1) and 124(2).

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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?

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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. 2 On Your Tennessee Carpet.” 2 On Your Tennessee Carpet.” as a trademark).

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The IPKat

FEBRUARY 5, 2024

If the answer to any of the questions in 1(a) is in the affirmative: (2) What criteria should be used in this case to determine whether the use of an EU trade mark is consistent with honest practices in industrial and commercial matters? The Court of Justice of the EU (‘CJEU’) disagreed in its recent Audi judgment (case C-334/22 ).

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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. Want to qualify for our firm’s Attorney Fee Guarantee SM trademark program ?

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Branding Brands Branding Trademark 40

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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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

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1] AJ Press, Inc. ,

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LexBlog IP

FEBRUARY 20, 2024

Trademark infringement has been discussed on several of our posts ( here , here , and here as examples), so I won’t linger on “Likelihood of Confusion.” But wait, what about Bulleit and last week? We had one of those great moments of serendipity last week. In 2017, Diageo sued W.J. In 2017, Diageo sued W.J.

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Branding Brands Branding Trademark 52

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? Apple, Inc.

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The TTABlog

AUGUST 2, 2022

The USPTO refused to register the mark MBBM for "battery monitors" on the ground of likelihood of confusion with the registered mark MBBM-VAS for, inter alia , "apparatus and instruments for conducting, switching, transforming, accumulating, voltage regulating, and controlling electric signals and electricity. In re Vanner, Inc.

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The TTABlog

DECEMBER 31, 2021

Section 2(a) - Deceptiveness: TTAB Affirms Section 2(a) Deceptiveness Refusal of SMART SUTURE for Bandages Section 2(a) - False Suggestion of a Connection : Precedential No. 31: TTAB Affirms Section 2(a) Refusal of "NATO" for Tents, for Falsely Suggesting a Connection With. Guess What? Yes] Precedential No.

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43(B)log

SEPTEMBER 5, 2023

2:17-cv-00702-RJS-DAO (D. SME Steel Contractors, Inc. Seismic Bracing Company, LLC, F.Supp.3d 3d -, 2023 WL 4463246, No. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. One of the defendants (Hinchman) used to work for plaintiff SME.

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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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The TTABlog

DECEMBER 21, 2022

The Board affirmed another Section 2(d) refusal, finding the mark shown first below, for "clothing, namely, shirts, hats, sweatshirts, shorts and sweatpants," likely to cause confusion with the registered mark shown second below, for "shorts; sports caps and hats; sweat shirts; t-shirts." What about the marks?

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The TTABlog

NOVEMBER 16, 2022

In a 74-page opinion, the Board sustained oppositions to registration of the marks shown below, for "energy drinks containing caffeine; energy drinks not for medical purposes" and for "alcoholilc beverages" on the ground of likelihood of confusion the registered mark DUTCH BROS. for coffee and energy drinks. Dutch Bros.,

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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.

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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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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 court begins with findings of fact, lavishing attention on the show’s plot and popularity.

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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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Patently-O

APRIL 20, 2023

Charger presented several arguments centering on the du Point factors used to determine whether a proposed mark “so resemble a registered mark as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake, or to deceive.” ” Section 2(d). Refusal Affirmed.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Essentially, you are applying for a design patent on a combination of 2-dimensional and 3-dimensional features. The USPTO grants your design patent showing a 3-dimensional product with a 2-dimensional graphic. How can 2-dimensional designs help you avoid infringing other design patents? Let’s be clear.

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LexBlog IP

JUNE 13, 2022

For Kellogg’s (owners of Eggo), the placement is credited with a 14% increase in Eggo sales in 2017, coinciding with the release of Season 2 of Stranger Things. One possibility is a likelihood of confusion claim. As a viewer, I appreciate when product placement is used (in admittedly rare instances) to drive the plot.

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SpicyIP

MARCH 4, 2022

Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. Vijaya Sai and Others seems to have missed an opportunity to provide clarity on this question in a trademark infringement case hinged around Section 29(2) and (3). Before moving to the analysis, kindly have a quick look at Section 29(2).

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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?

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