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Appeals › Consumer Confusion

McDermott Will & Emery

Actual or Potential Consumers in Related Goods Context Doesn’t Require PURE Overlap

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The US Court of Appeals for the Federal Circuit reminded us that, in the context of related goods, the likelihood of confusion analysis does not require that actual or potential consumers of the goods be the same, but only...more

Fenwick & West LLP

Using “Abandoned Trademarks” Is Whiskey Business

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In June 2022, the U.S. Court of Appeals for the Federal Circuit rejected an application filed by Tiger Lily, a UK-based liquor company, for the use of LEHMAN BROTHERS on its whiskey bottles despite the trademark having been...more

McDermott Will & Emery

Not on My Watch: Disclosure of Restored Goods’ Source Obviates Consumer Confusion

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The US Court of Appeals for the Second Circuit affirmed a ruling that a defendant’s use of a mark in connection with the sale of used goods did not create consumer confusion, finding that the district court adequately...more

McDermott Will & Emery

Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight

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The maker of BRIZZY-brand hard seltzer claimed that consumers would confuse a product branded VIZZY hard seltzer with its own. The United States Court of Appeals for the Fifth Circuit disagreed, however, and affirmed the...more

Knobbe Martens

In Re: Detroit Athletic Co.

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Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Courts should not give too much weight to evidence purporting to show a lack of actual confusion...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

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2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Proskauer Rose LLP

Three Point Shot - December 2017

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Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Smart & Biggar

Keyword Advertising Decision Reversed on Appeal

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In August 2015 we reported on the decision of the British Columbia Supreme Court (“BCSC”) in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470. That decision was notable in Canadian...more

McDermott Will & Emery

Music Played by Karaoke Machine Is Not “Tangible Good” for Purpose of Trademark Infringement **WEB ONLY**

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Addressing the “tangible good” requirement of trademark infringement, the US Court of Appeals for the Seventh Circuit upheld the district court’s decision to dismiss a case because defendants’ playing of unauthorized copies...more

Dechert LLP

The Glee decision: Court of Appeal rules in favour of UK comedy club over 20th Century Fox

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The Court of Appeal has upheld a High Court ruling of 2014 that Twentieth Century Fox’s (“Fox”) “glee” television series infringed Comic Enterprises Ltd’s (“Comic”) trade mark for “the glee CLUB”. A parallel claim in the High...more

Fish & Richardson

9th Circuit Cannot Make Up Its Mind

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In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more

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