Trademarks, Confusingly Similar

Foreign Company's Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense

McDermott Will & Emery on 9/9/2021

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a complaint, finding that the foreign defendant was subject to specific personal jurisdiction in the United States in light of the...more

MarkIt to Market® - May 2021: Recognizing Tribal Marks: The Native American Tribal Insignia Database

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/1/2021

Using Native American tribal names and symbols as part of popular consumer brands has been an endemic practice within the United States for decades. Popular brands that have appropriated tribal names include Jeep Cherokee,...more

MarkIt to Market® - May 2021

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 5/28/2021

[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more

Why Register My Trademark? The Benefits of Trademark Registration

Jaburg Wilk on 9/17/2019

A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more

Simon Cowell picks bone with “The Pets Factor” UK trade mark

International Lawyers Network on 7/13/2019

When TV format creator Mark Duffy struck upon the tongue-in-cheek name “The Pets Factor” for what was (presumably) a talent competition for domestic animals, he might well have smiled at his own ingenuity. Conversely, when...more

Markedly Misunderstood: 4 Common Misconceptions About Trademarks

Hutchison PLLC on 4/18/2019

Everyone is familiar with Trademarks. We are literally surrounded by them. Trademarks are the words, logos, packaging and other devices that we use to differentiate goods and services from each other and are how we can...more

MarkIt to Market - October 2018: 13 Can Prove Lucky for Applicants

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/2/2018

When examining trademark applications, the United States Patent and Trademark Office (USPTO) considers whether the applied-for mark is confusingly similar to any registered or prior-filed marks by applying the following...more

MarkIt to Market® - October 2018

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/1/2018

The October 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses how the USPTO determines similarity to prior-filed marks, the considerations of protecting a mark in a foreign language, and the new gTLD...more

FRANCHISEE 101: Til Expiration Do Us Part

Lewitt Hackman on 3/1/2018

Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

Knobbe Martens on 10/25/2016

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more

Trademark Review | September 2016

Knobbe Martens on 10/5/2016

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Trademark Review | July 2016

Knobbe Martens on 7/28/2016

Applicant’s Claim of Secondary Meaning in MINIMELTS Melts Down Before the Board - Mini Melts opposed Reckitt’s intent-to-use applications for “MINI-MELTS” and “MINIMELTS,” alleging a likelihood of confusion with its own...more

Trademark Review | June 2016

Knobbe Martens on 6/28/2016

Coca-Cola has Acquired Secondary Meaning in ZERO for Colas - In an opposition proceeding before the TTAB, Royal Crown (RC) and Dr. Pepper/Seven Up sought to prevent registration of seventeen applications filed by...more

Adidas To Trademark Competitors: ‘Two Stripes, You’re Out’

Last month, a U.S. district court in Oregon granted Adidas’ motion for a preliminary injunction against U.S. footwear company Sketchers USA Inc., blocking Sketchers from selling, among other sneakers, a 3-stripe sneaker...more

Trademark Review | November 2015

Knobbe Martens on 11/25/2015

I AM Similar - The Trademark Trial and Appeal Board (TTAB) affirmed the examiner’s decision to deny three applications for “I AM” marks filed by i.am.symbolic, LLC (“Applicant”), finding that Applicant’s proposed “I AM”...more

Rare TTAB §2(d) Reversal Where Examiner Failed to Heed Rules of Evidence

Fish & Richardson on 10/19/2015

While browsing back issues of the indispensable Allen’s Trademark Digest, the blurb for the Trademark Trial & Appeal Board’s decision in the appeal In re Micros Systems, Inc. caught my eye. It was a rarely-seen reversal of an...more

No Clear Notice, No Contempt - U.S. Polo Ass’n, Inc. v. PRL USA Holdings, Inc.

McDermott Will & Emery on 7/10/2015

In the latest episode of a 30-year dispute over the use of marks depicting mounted polo players, the U.S. Court of Appeals for the Second Circuit vacated the district court’s order finding contempt of a 2012 injunction. U.S....more

Trademark Advice: Measure Twice, Cut Once — How to Avoid Unnecessary Legal Fees

Snell & Wilmer on 2/25/2013

Originally published in Utah Business. Very seldom do companies intentionally adopt trademarks that are likely to cause confusion in the marketplace or intend to profit on the goodwill of other companies. Yet, even...more

Trademark Review - Volume 2 | Issue 11 - November 2012

Knobbe Martens on 11/30/2012

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

Trademarks › Confusingly Similar

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