Posts Tagged: likelihood of confusion


Third-Party Trademark Usage and Likelihood of Confusion

When examining trademark applications, the U.S. Patent and Trademark Office (USPTO) assesses whether the applied-for trademark presents a likelihood of confusion among consumers as compared to …
By Theodore Chiacchio
1 month ago 0

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases

On August 3, 2021, the U.S. District Court for the Southern District of Florida ruled against plaintiff Vital Pharmaceuticals, Inc.’s claim of trade dress infringement against defendant …
By Peter Hess & Genna Liu & Hana Dai
2 months ago 1

Second Circuit Rebukes District Court in Two-Decade Old Patsy’s Pizza Litigation

On August 17, in the case of I.O.B. Realty, Inc. v. Patsy's Brand, Inc., the United States Court of Appeals for the Second Circuit ordered that …
By Tomi Herold
2 months ago 0

Eleventh Circuit Affirms Summary Judgment on Cybersquatting Claims Brought by Owner of ‘European Wax Center’ Mark

On August 6, the U.S. Court of Appeals for the Eleventh Circuit issued a decision in Boigris v. EWC P&T, LLC in which the appellate court …
By Steve Brachmann
2 months ago 0

Curbing Cannabis Copycats: How to Protect Your Brand’s Reputation as Marijuana Companies Try to Make Their Mark

To capture attention in the crowded new field of cannabis-related goods and services, many companies are using other companies’ brands to promote their goods and services, including …

Trade Dress Considerations for Food and Beverage Products

Companies trying to compete for supermarket shelf space and consumer attention frequently turn to packaging and product designs that will stand out. If the product succeeds, one …
By Andrew Avsec
12 months ago 1

CAFC Affirms TTAB Decision Finding Likelihood of Confusion Between STRATUS and STRATA Marks

The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that denied registration of Stratus …
By Rebecca Tapscott
1 year ago 0

Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use

The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade's use of the slogan, ““Gatorade The Sports Fuel …
By IPWatchdog
2 years ago 2

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 …
By Kristin Murphy
3 years ago 0

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
3 years ago 1

Federal Circuit Maintains Full-Court Press on Converse’s Chuck Taylor Trade Dress

On October 30, the Federal Circuit Court of Appeals reversed a decision from the International Trade Court invalidating the Converse Chuck Taylor sneaker design trade dress.  Converse Inc. …
By Thomas Williams
3 years ago 0

Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims

U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
By Steve Brachmann
3 years ago 0

Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case

On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
By Steve Brachmann
3 years ago 0

OEM Trademarks in the AfterMarket: Exploring the Boundaries

While there are certainly limits on how—and how much—aftermarket sellers can use OEM trademarks to communicate key information about aftermarket parts, the legal boundaries for …
By Susan Frohling
3 years ago 0

‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various …
By Steve Brachmann
3 years ago 2