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DuPont Factors United States Patent and Trademark Office

BakerHostetler

Marks That Are Opposites Sometimes Attract Refusal of Registration

BakerHostetler on

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. This was not the result in In re Sugar Free Specialties, LLC, Serial No. 90706411...more

Holland & Knight LLP

Federal Circuit Court Denies "Lehman Brothers" Trademark for Whiskey

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit on June 1, 2022, issued an order in favor of Barclays Capital Inc. (Barclays) in relation to its opposition to a trademark application for LEHMAN BROTHERS. The court affirmed...more

Haug Partners LLP

In QuikTrip West., Inc. v. Weigel Stores, Inc., the Federal Circuit Clarifies the Importance of the First DuPont Factor in...

Haug Partners LLP on

In a January 8, 2021 decision affirming the United States Patent and Trademark Office Trademark Trial and Appeal Board’s (the “Board’s”) dismissal of appellant QuikTrip West, Inc.’s (“QuikTrip’s”) opposition to Weigel Stores,...more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

Knobbe Martens on

A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more

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