Posts Tagged: likelihood of confusion


TTAB Says No Likely Confusion Between Rap Producer Dr. Dre and OB/GYN Specialist Dr. Drai

On May 3rd, the Trademark Trial and Appeal Board (TTAB) issued a decision in a trademark opposition proceeding which was petitioned by Andre Young, the rapper and …
By Steve Brachmann
3 years ago 1

Colgate-Palmolive Files Trademark Suit Over Use of ‘360’ Branding on Toothbrushes, Oral Care Products

Colgate-Palmolive (NYSE:CL) filed a lawsuit alleging trademark infringement in the Southern District of New York against Grand Rapids, MI-based oral healthcare company Ranir LLC. At issue …
By Steve Brachmann
4 years ago 0

Jury Awards San Diego Comic Convention Corrective Advertising Damages Against Salt Lake Comic Con Organizers

A jury in the Southern District of California entered a special verdict form in a trademark case playing out between a couple of American pop culture conventions. …
By Steve Brachmann
4 years ago 0

Mattel fais in Japanese trademark opposition to block ‘Salon BARBIES’

In a recent trademark opposition, the Opposition Board of the Japan Patent Office (JPO) dismissed an opposition by Mattel, Inc. – maker of the world-famous Barbie doll – who …
By Masaki Mikami
4 years ago 0

Characters for Hire cite to Naked Cowboy in fighting Disney’s claims of copyright, trademark infringement

Characters for Hire also argued that the trademark infringement claims lacked the essential element of confusion. Citing to Naked Cowboy v. CBS, a case decided in Southern …
By Steve Brachmann
4 years ago 5

The Trademark Management Process: Getting it Right in Challenging Times

The trademark landscape is evolving rapidly, with both brand owners and trademark professionals trying to keep up. The changes are mostly driven by the steep rise in …
By Eva-Maria Strobel
4 years ago 1

2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
4 years ago 0

DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverages

Both the U.S. House of Representatives and the U.S. Senate are currently contemplating versions of the Defending Against Imitations and Replacements of Yogurt, Milk and …
By Steve Brachmann
4 years ago 7

Music Artist will.i.am Cannot Trademark “I Am”

In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …

Edwardsville Pierogi Festival alleges tortious interference over trademark allegations made by Whiting Pierogi Fest

In order to keep operating under the “Pierogi Festival” name, the Edwardsville committee has filed a suit against the coordinators of the Whiting Pierogi Fest in the …
By Steve Brachmann
4 years ago 0

Federal Circuit says Will.i.am not allowed to trademark I AM

William Adams is the well-known front man for the music group The Black Eyed Peas and is known as will.i.am. Adams’ company – i.am.symbolic, …
By Gene Quinn
4 years ago 0

Federal Circuit returns dispute over Dale Earnhardt trademark rights back to USPTO

The Federal Circuit heard the case of Earnhardt v. Kerry Earnhardt, Inc., where Teresa Earnhardt appealed from the dismissal of its opposition to the trademark registration of …

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
4 years ago 0

Japan Patent Office Reverses Initial Refusal of ‘Gotham City’ Trademark

The Appeal Board of Japan Patent Office (JPO) has reversed an initial decision by JPO examiner to refuse the mark “GOTHAM CITY” with a logo, and ordered …
By Masaki Mikami
4 years ago 0

Estate of Marilyn Monroe sues intimate apparel company for trademark infringement

On August 8, 2016, plaintiff became aware of defendant’s unauthorized use of the Marilyn Monroe marks and likeness and sent a cease and desist letter. Defendant continued with …
By Gene Quinn & Matt Scyoc
5 years ago 1