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Consumer Confusion

Coachella Sues “Filmchella” for Trademark Infringement

by Reed Smith on

Coachella Music Festival LLC, the organization behind the popular desert-based Coachella Valley Music and Arts Festival, filed a trademark infringement lawsuit earlier this month against the organizers of “Filmchella” arguing...more

Is Trademark Use in Google AdWords Trademark Infringement?

by Knobbe Martens on

Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy Elves, LLC. vs. Ugly Christmas Sweater, Inc. is the latest in a string of...more

Professional Regulatory Alert: If It Looks like a Duck: British Columbia Court of Appeal Rules on Title Use

by Field Law on

Professional regulators are often faced with non-members who use titles similar to those used by regulated members of the profession but not explicitly prohibited by the governing statute. In Organization of Chartered...more

Keyword Advertising Decision Reversed on Appeal

by Smart & Biggar on

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

Advertising Law - January 2017 #2

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been...more

Can Internet Comments and Search Results Prove Trademark Infringement?

by Fenwick & West LLP on

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 company emerges with a very similar trademark, piggybacking on your...more

Another judge rules Starbucks doesn't deceive with its ice

by Thompson Coburn LLP on

In a recent post about the rise in so-called “slack-fill” litigation, we discussed a California district court’s dismissal of a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained...more

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

by McDermott Will & Emery on

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

Supplemental Register Gets Nod from Trademark Trial & Appeal Board

by Nexsen Pruet, PLLC on

On September 8, the Trademark Trial and Appeal Board lent support to the strength of a registration on the Supplemental Register, indicating that it is worthwhile to pursue federal registration, even if that means your mark...more

California District Court Puts Baby In A Corner

by Ladas & Parry LLP on

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

Trademark Series: Confusion (Part 2)

by Field Law on

By Richard Stobbe So much confusion, so little time. The Trade-marks Act teaches us that the use of one trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would likely lead to...more

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

by Dechert LLP on

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

Brandmarking: The Naked Truth About Wine And Beer - November 2015 • Volume 4, Number 5

by Dickinson Wright on

In January 2009, an Australian company named Innvopak Systems applied to register WINEBUD as a trademark for (three guesses?) wine. Perhaps anticipating trouble, Innvopak expressly stated in its application – not once but...more

TTAB finds confusion between Winebud wine and Bud beer | World Trademark Review

by Knobbe Martens on

In Anheuser-Busch LLC v Innvopak Systems Pty Ltd (Case No 91194148, August 19 2015) (precedential), the Trademark Trial and Appeal Board (TTAB) has found that the applicant’s mark WINEBUD for wine is confusingly similar to...more

9th Circuit Cannot Make Up Its Mind

by Fish & Richardson on

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

Trademark Review | October 2015

by Knobbe Martens on

Barbeque Manufacturer Feels the Burn after TTAB Ruling - The Trademark Trial and Appeal Board sustained the opposition to an application to register SWISS GRILLS for lack of bona fide intent at the time of filing and for...more

Dueling Dumpling Trade Secret Dispute Heads to District Court

by Seyfarth Shaw LLP on

For Dumpling Daughter and its newly opened rival Dumpling Girl, things are heating up in the kitchen and the courtroom, as reported by the Boston Globe, after the former filed a lawsuit in federal court in Boston asserting a...more

And the Winner is? Digital Platform Liability for Trademark Infringement

by Fenwick & West LLP on

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

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