JD Supra Law

DECEMBER 22, 2023

As any good trademark practitioner knows, a “naked” consent agreement is one in which one party provides consent to the registration of another party’s mark without an explanation of why confusion is unlikely, or what the parties will do to minimize a likelihood of confusion. What, then, is the opposite of being naked?

Marketing 75

Marketing Marketing Registration Trademark 75

Erik K Pelton

JULY 25, 2023

However, I do think that there are some areas where AI will impact what we do, hopefully in a positive way. Perhaps AI can build a useful body of research that will provide guidance about likelihood of confusion analysis. The post What Will AI Do to Trademarks? I have no such fears. But will only be guidance.

Trademark 130

Trademark Registering Trademarks Editing Art 130

Erik K Pelton

AUGUST 24, 2023

Perhaps AI can build a very useful body of research that will help give us guidance about likelihood of confusion analysis. Perhaps AI can build a very useful body of research that will help give us guidance about likelihood of confusion analysis. Artificial intelligence has been in the news in 2023. I have no such fears.

Trademark 130

Trademark Registering Trademarks Art Editing 130

Likelihood of Confusion

FEBRUARY 13, 2024

On Avenue J in Brooklyn’s Midwood section (known to orthodox Jews as “Flatbush,” though it is barely near Flatbush proper), LIKELIHOOD OF CONFUSION® encountered a glatt kosher Subway restaurant. We have discussed this issue before, or one very much like it (legally the same; religiously, not quite!).

Branding 52

Branding Brands Branding 52

Likelihood of Confusion

JULY 27, 2023

Certainly interesting to see who is saying what. The post Friends of the court, friends of the First Amendment appeared first on LIKELIHOOD OF CONFUSION™. The approved and publishable amicus briefs in the appeal regarding the trademark registration of THE SLANTS are trickling in. So far, they.

Registration 98

Registration Publishing Trademark 98

Patent Trademark Blog

JANUARY 5, 2023

Has your trademark application received a Section 2(d) likelihood of confusion rejection? How you do you show no likelihood of confusion? Here is a checklist of what to consider if you want to argue crowded field: high number of registrations and allowed applications for similar marks; owned by different parties; and.

Registration 98

Registration Trademark Blogging IP 98

Likelihood of Confusion

JULY 23, 2023

What else is there to say? appeared first on LIKELIHOOD OF CONFUSION™. Of course you’re invited! Originally posted 2013-04-23 20:57:49. Republished by Blog Post Promoter The post Meet the Bloggers – INTA, Dallas, 2013!

Blogging 90

Blogging Law IP 90

The TTABlog

MARCH 20, 2024

The USPTO refused to register the mark shown below left for, inter alia , footwear, finding confusion likely with the mark shown below right, for "shoes." Applicant Global Brand Partners asserted that "the marks are sufficiently different” to avoid a likelihood of confusion. What do you think? See Textron Inc.

Branding 49

Branding Brands Branding Registration 49

Likelihood of Confusion

MAY 25, 2023

The big story today, as One World Trade Center nears completion, is about “rights” The post Best of 2013: WORLD TRADE CENTER naming rights and municipal IP policy – What rights? appeared first on LIKELIHOOD OF CONFUSION™. “Best of” posts will continue until next week.

IP 95

IP Trademark 95

The TTABlog

MARCH 13, 2024

The Board affirmed a refusal to register the mark HIG for, inter alia , "financial services," finding confusion likely with the registered mark H.I.G. , The Board pointed out, however, that proof of actual confusion is not necessary to establish a likelihood of confusion. Is that the end of the story?

Registration 64

Registration Designs Design Trademark 64

Likelihood of Confusion

FEBRUARY 14, 2023

Aaron Franklin, co-founder of LazyMeter — an intriguing project that’s still in Beta but is not what it sounds like — writes as follows on Seattle 2.0: appeared first on LIKELIHOOD OF CONFUSION™. At first glance, a. The post Trademark do it yourself?

Trademark 98

Trademark Trademark Law Registration Law 98

Likelihood of Confusion

DECEMBER 20, 2023

required) on what could be a very important decision relating to the importation of grey goods: The U.S. The post Grey is OK appeared first on LIKELIHOOD OF CONFUSION™. The Business Review (Albany) reports (reg. Court of Appeals for the Federal.

Reporting 59

Reporting Business Trademark Law Marketing 59

The TTABlog

JANUARY 20, 2022

J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia , medicated mouthwash, toothpaste, and dental floss. The goods are overlapping or related, but what about the marks?

Fair Use 143

Fair Use Advertising Advertising Licensing 143

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. Likelihood of confusion is not the same as actual confusion. Why avoid trademark confusion in the first place?

Trademark 97

Trademark Registration Graphic Design Designs 97

Corsearch

NOVEMBER 20, 2023

For pharmaceutical companies, name confusion is a critical risk to consumers and patients. And with name saturation increasing, the likelihood of confusion continues to grow. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks.

Trademark 59

Trademark Branding Brands Branding 59

Likelihood of Confusion

JUNE 15, 2023

” The put-upon pun is on “C & D,” which is what we pros call a cease and desist letter. The post See and “D” appeared first on LIKELIHOOD OF CONFUSION™. The “D” as in “Defense.” As I’ve noted before, sometimes a.

Cease and Desist 78

Cease and Desist 78

The TTABlog

OCTOBER 27, 2023

However, the Board found that material issues of fact precluded the grant of summary judgment as to Monster's likelihood of confusion and dilution claims. Monster claimed likelihood of confusion with its Claw Icon mark for clothing. Monster Energy Company v. Cheng Shin Rubber Ind. for others). for others).

Social Media 69

Social Media Registration Advertising Advertising 69

Likelihood of Confusion

FEBRUARY 14, 2024

Bill talks about his new book Moral Panics and The Copyright Wars, which is what you’d expect him to do. Did you know he also has a blog […] The post Patry and “The Copyright Wars” appeared first on LIKELIHOOD OF CONFUSION™.

Copyright 52

Copyright Blogging Fair Use Copyright Law 52

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.

Blogging 98

Blogging Copyright IP 98

Likelihood of Confusion

MAY 26, 2022

There is a puzzling aspect to much of what emits from U.S. The post Posner won’t butter up Dairy Maiden: In trademark dilution, fame isn’t everything (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™. Originally published on March 6, 2016.

Trademark 105

Trademark Publishing 105

The TTABlog

JUNE 8, 2023

Therefore, the Ninth Circuit was wrong in reversing the district court's finding of likelihood of confusion. And once that is done (if that is done), a parody is not often likely to create confusion. And once that is done (if that is done), a parody is not often likely to create confusion. So now what will the Board do?

Trademark 90

Trademark Designs Design Copyright 90

Erik K Pelton

AUGUST 13, 2020

The applicant gets 6 months to respond, and there can be both procedural and substantive issues to address in an Office action, depending on what the contents are from the examining attorney. The post What is a USPTO trademark Office Action? The following is a transcript of the video below.

Trademark 130

Trademark Registration Patent 130

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?

Trademark 126

Trademark Branding Brands Branding 126

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™. Doesn’t agree with me.

Trademark 52

Trademark Registration IP 52

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. [ This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v.

Branding 105

Branding Brands Branding Trademark 105

Likelihood of Confusion

MARCH 3, 2022

What am I talking about? The post Failure to … whatever appeared first on LIKELIHOOD OF CONFUSION™. “Failure to function as a trademark” is a favorite topic around here, and it’s getting more and more attention. Except when it’s not.

Trademark 98

Trademark 98

Likelihood of Confusion

DECEMBER 16, 2021

This post discusses what by all rights should be the most exciting case ever heard by any court anywhere. appeared first on LIKELIHOOD OF CONFUSION™. One of the plaintiffs is Darth Vader, and the defendant is. The post Darth Vader versus the United States of America! Okay, not really.)

Copyright Law 98

Copyright Law Law Copyright 98

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.

Trademark 52

Trademark Licensing Law 52

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.

Trademark 52

Trademark Licensing Law Intellectual Property 52

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.

Trademark 52

Trademark Licensing Law 52

Likelihood of Confusion

JULY 3, 2023

With apologies to James Taranto — this is what came up on my Google alert for trademark news tonight: Analysts: iPhone Trademark Dispute Likely To Be Resolved Quickly Mac Rumors. The post What would we do without experts? appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 52

Trademark 52

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

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 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

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).

Intellectual Property 80

Intellectual Property Trademark IP 80

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Afrebay, Inc. Opposition No.

Advertising 53

Advertising Advertising Designs Design 53