Posts Tagged: likelihood of confusion


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
3 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
3 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
3 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
3 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
3 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
3 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
3 years ago 1

Understanding the Geographic Scope of a Trademark Injunction: Guthrie v. Context Media

Trademark injunctions must take into account both online promotion and future expansion plans. A narrowly-tailored geographically limited injunction can be particularly damaging to growing businesses if the …
By Matt Scyoc
3 years ago 1

Tiffany & Co. Successfully Asserts Trademark Infringement Claims Against Costco

On October 5, 2016, a jury in Tiffany and Co. v. Costco Wholesale Corp. – litigated before Judge Swain of the Southern District Court of New York – awarded Tiffany & Co. (…
By Matt Scyoc
3 years ago 0

CAFC Vacates TTAB, Refuses Bright-Line Rule to Distinguish Software from Services Rendered

The Federal Circuit vacated the Trademark Trial and Appeal Board’s (“Board”) cancellation of two JobDiva service mark registrations—one in whole and the other in part—…

USPTO refuses registration of Golden Knights trademark for Las Vegas NHL franchise

In late November, the Las Vegas NHL hockey franchise, which will begin playing with the National Hockey League (NHL) in the 2017-18 season, announced that it would …
By Steve Brachmann & Gene Quinn
3 years ago 3

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new …
By Eric Ball & William Pierog
3 years ago 1

Boston-based Tasty Burger alleges trademark infringement by Tasty Made, Chipotle’s burger chain

hipotle Mexican Grill is gearing up to launch a new franchise brand of restaurants. The first Tasty Made will open this fall in Lancaster, OH, and locations …
By Steve Brachmann & Gene Quinn
4 years ago 0