Posts Tagged: "confusion"

CAFC Vacates TTAB Decision on FLEX Trademark Due to ‘Errors of Significance’

On Monday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion that vacated a Trademark Trial and Appeal Board (TTAB) ruling that a trademark registration from GPS vehicle tracking company Spireon was likely to be confused with three trademarks from supply chain management company, Flex LTD. The appeals court found that the TTAB made several significant errors and thus vacated and remanded the case. Flex LTD opposed Spireon’s FL FLEX trademark due to likely confusion with three of its marks, FLEX, FLEX (stylized), and FLEX PULSE. The TTAB determined whether there was a likelihood of confusion using the Dupont factors. The Board found that Flex’s marks were inherently distinctive under the first factor, and using the second, third, and thirteenth Dupont factors concluded that there was overlap between the two companies’ marks and ruled that Spireon registered its mark in bad faith.

Solicitor General Asks SCOTUS to Grant Petition to Reject Tenth Circuit’s Extraterritorial Application of Lanham Act

On September 23, the office of the U.S. Solicitor General filed a brief with the U.S. Supreme Court on the issues at play in Abitron Austria GmbH v. Hetronic International, Inc., a trademark case in which the U.S. Court of Appeals for the Tenth Circuit affirmed a $90 million damages award for trademark infringement based on infringement occurring almost entirely outside of the United States. The Solicitor General’s brief asks the nation’s highest court to grant cert on Abitron Austria’s appeal in order to properly limit the application of the Lanham Act so that damages are only awarded when the alleged infringement has a likelihood of causing confusion among U.S. consumers.

Facebook Accused of ‘Eviscerating’ Small Tech Business’s META Marks

A small business owner is suing Meta Platforms, Inc., formerly known as Facebook (Facebook), accusing the internet giant of “brazenly violating fundamental intellectual property rights enshrined in U.S. law to obliterate a small business.” METAx, LLC (Meta) was founded in 2010 by Justin “JB” Bolognino, who is described in the complaint filed in the U.S. District court for the Southern District of New York, as a respected figure in the virtual creator community and “a true pioneer of the industry involving immersive and experiential technologies, including augmented reality (“AR”), virtual reality (“VR”), and extended reality (“XR”).” Meta has continuously used the term “META” as part of a composite mark, and has been commonly referred to as Meta in trade and commerce, since 2010.

Satan Shoes: Trademark Blasphemy or Free Speech?

Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark violation? What we do know is that sneaker giant Nike’s complaint filed in the Eastern District of New York on March 29, 2021 alleged a dispute of biblical proportions against Brooklyn art collective MSCHF Product Studio, Inc. Nike targeted its own Air Max 97 shoe, which it claimed MSCHF and its collaborator Lil Nas X (who was not named in the lawsuit) materially altered to feature an upside down cross, a pentagram, and an injection of human blood into the sole to create the “Satan Shoe” – 666 of them to be exact. The Satan Shoe still displays Nike’s famous Swoosh, which inspired calls to boycott the brand for its alleged association with the controversial shoes. Nike asserted claims of trademark infringement, trademark dilution, false designation of origin, and unfair competition, and sought a temporary restraining order, a permanent injunction, and damages.

China Court Delivers First Judgment in Favor of a Foreign Company Under Anti-Unfair Competition Law

British automaker Jaguar Land Rover (JLR) has been engaged in a multi-jurisdiction battle against Chinese automaker Jiangling Motors (Jiangling) over JLR’s assertions that Jiangling copied distinctive design features of JLR’s RANGE ROVER Evoque (EVOQUE) in the LANDWIND X7 vehicle. JLR previously successfully took action in Brazil and the European Union, resulting in injunctions against the sale of Jiangling’s LANDWIND vehicle in those jurisdictions. JLR’s latest efforts has yielded additional success against Jiangling’s sale and production of the LANDWIND X7 in China, Jiangling’s home base. On March 13, the Beijing Chaoyang District Court in China found Jiangling liable for unfair competition in connection with the sale and manufacturing of the LANDWIND X7, finding that certain design features of the LANDWIND vehicle are “essentially identical” to JLR’s distinctive design features for the EVOQUE. This decision is the first case under China’s 2017 Anti-Unfair Competition Law to find in favor of a foreign company in the auto industry.