Likelihood of Confusion

News & Analysis as of

Pick Your Passion: State’s Trademark May Be Used To Criticize Its Governor

In Dardenne v. MoveOn.org, the Middle Louisiana Federal District Court faced a conflict between trademark protection, on the one hand, and the First Amendment’s protection of political advocacy, on the other. The Court...more

Trade-mark Confusion: Is One Letter Enough of a Difference?

BIG BITE vs. BIT BITE. These two marks were assessed in the recent case of 7-Eleven, Inc v BitBite Foods Inc. , 2014 TMOB 16 (CanLII), for snack food products. BitBite Foods filed an application to register the BIT...more

Petition for Certiorari Filed Regarding Preclusive Effect of Likelihood of Confusion Findings by the Trademark Trial and Appeal...

In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether...more

CRACKER BARREL on Cheese and Ham—Likely to Cause Consumer Confusion - Kraft Brands Food Group v. Cracker Barrel Old Country Store

The U.S. Court of Appeals for the Seventh Circuit upheld a preliminary injunction barring use of the mark Cracker Barrel Old Country Store for use in connection with ham products to be sold in supermarkets, based on...more

Rhymin’ & Stealin’ & Filin’ Lawsuits

Last month, I wrote about the preemptive lawsuit filed by GoldieBlox, a toy retailer, against the Beastie Boys. GoldieBlox sought declaratory relief that their use of the Beastie Boys’ song “Girls” in a GoldieBlox...more

Australian Postal Corporation v Digital Post Australia [2013] FCAFC 153

On 6 December 2013, the Full Court of the Federal Court of Australia dismissed an appeal by Australian Postal Corporation (Australia Post) and upheld the primary judge's decision that "DIGITAL POST AUSTRALIA" is not...more

Kraft v. Cracker Barrel: A Summary of Judge Posner’s Opinion and an Alternative Reverse Confusion Theory of Liability

In a unanimous opinion authored by Judge Posner, the Seventh Circuit recently upheld the district judge’s granting of plaintiff Kraft Foods Group Brands LLC’s motion to preliminarily enjoin defendant Cracker Barrel Old...more

Trademarks 101 PART 5 — Avoiding Mistakes in the Trademark Process by Assessing the Likelihood of Confusion

So, startups and entrepreneurs, you think your trademark situation is totally cool because you conducted a full trademark search, right? Wrong. Well, at least not necessarily…...more

Ballin’ Spoofers Ain’t Homies of Luxury Brands

As hipsters continue to rule the world, parody shirts, hats and other apparel have become increasingly prevalent, much to the dismay of luxury brand owners. Here are some recent examples...more

Choosing A Strong Trademark

You’ve got a great business idea, you’ve done your research and due diligence and can’t wait to enter the great American business ring. But what do you call this new company or product or service? This query is often the...more

Wiping The Slate Clean: When Fake Movie Products Have Real-World Counterparts

Often when practicing entertainment law, particularly in Canada, attempts to analyze a particular situation run up against a road-block: there seems to be no caselaw covering the issue, and you’re stymied as to how to advise...more

Does Oprah Winfrey Own Your Power?

The phrase “Own Your Power” is plastered on Oprah Winfrey’s website, discussed at length in O, The Oprah Magazine, and widely publicized through corporate sponsored events. But there is one small problem—Winfrey may not...more

The Katten Kattwalk – Spring 2013

In this issue: - Questions Left Unanswered by Louboutin Case - Supreme Court Rules on Covenant Not to Sue - An Eye for Fashion: New York Magazine Presents New York’s - Women Leaders in the...more

Trademark Your Brand! Kroma Knocks Out Khroma Beauty by Kourtney, Kim and Khloe

If you are keeping up with the Kardashians, you know that Kim, Kourtney and Khloe Kardashian command not only a broad media presence but also an empire of clothing, perfume, shoes, diet and exercise, and cosmetics brands. ...more

Are Dr. Dre’s Claims of Likelihood of Confusion and Dilution Enough to “Beat” His Opponents?

Rapper Dr. Dre and the company he co-founded, Beats Electronics, LLC, are on the offensive at the US Trademark Trial and Appeal Board challenging a multitude of third-party applications for marks which consist of or contain...more

Developments In NC State Trademark Law

When I last wrote about SCI North Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services, Inc., Judge Murphy had entered a TRO against the Defendants for trademark infringement over their use of the McEwen name...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 22, 2013

In This Issue: - Hallford v. Fox Entertainment Group: District court grants defendants’ motion to dismiss plaintiff’s copyright infringement claim, finding that defendants’ television show Touch is not substantially...more

Advertising Law -- Jan 31, 2013

In This Issue: California’s “Best Practices” for Mobile Apps Draw Criticism from Ad Groups; FTC Settles First FCRA Suit Involving Mobile Apps; Sony Settles Suit with Actor from PlayStation Ads; Court: Twitter Terms Not a...more

NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’

When the Baltimore Ravens and San Francisco 49ers won their NFL conference championship games, a Super Bowl matchup emerged with a great storyline — the opposing head coaches are brothers. An interesting legal question has...more

Universities Engage In A Battle Of The Birds

In 2001, after decades-long use of the full-bodied eagle design shown below (described by some as an “attack eagle”), the University of Southern Mississippi, or as its more commonly known Southern Miss, decided it was time to...more

Trademark Review - Volume 2 | Issue 11 - November 2012

In This Issue: • JOTS for Gelatin Shots Found Confusingly Similar to TOTT’S for Sparkling Wine • Likelihood of Confusion Between DUB for Nutritional Supplements and DUB for Non- Alcoholic Energy Drinks • The...more

Taking Control of Former Executive’s LinkedIn Account Found Permissible

In our January 2012 newsletter, we reported on Maremont v. Susan Fredman Design Group, Ltd., a case where a court recognized potential claims under the Lanham Act and/or the Stored Communications Act because an employer...more

Who Owns a LinkedIn Account?

A Federal District Court in the Eastern District of Pennsylvania recently addressed the issue of ownership of an employers LinkedIn account created by a former employee....more

Noncompete News: Former Employee Can't Sue Employer Under Computer Fraud and Abuse Act Over The Ownership Of Employee's Social...

Executive Summary: A District Court in Pennsylvania entered judgment in favor of the employer on a former employee's Computer Fraud and Abuse Act ("CFAA") claim in a dispute over the ownership of the employee's LinkedIn...more

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