News & Analysis as of

Likelihood of Confusion

Farella Braun + Martel LLP

Certification Marks and Fame

Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more

Knobbe Martens

Minority Owners of a Trademark Registrant, Who neither Use nor Possess Ownership Rights in the Mark, Cannot Seek Cancellation of...

Knobbe Martens on

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in...more

Locke Lord LLP

Kicking Around the Post-Sale Confusion Doctrine in English and US Courts

Locke Lord LLP on

Leigh Smith and H. Straat Tenney of Locke Lord provide a comparative analysis of the handling of pre- and post-sale confusion of trademarked goods by jurisdiction to draw interesting conclusions for corporations to consider...more

Erise IP

What’s Trending in Trademarks, May 2024: Taylor Swift Fans Analyze Latest Trademark Filing; San Francisco Sues Over San Francisco...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Taylor...more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

Miller Canfield on

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

Seyfarth Shaw LLP

A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

Seyfarth Shaw LLP on

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in...more

Miller Canfield

Location Or Protectable Trademark? Smaller Airports Grounded in Their Pursuit to Use the Name of the Largest Cities They Serve

Miller Canfield on

Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve. While the smaller airports want to capitalize on...more

Erise IP

What’s Trending in Trademarks, April 2024: Chile/Chili Crunch, Jelly Roll, and Seltzer Sales

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: David...more

McDermott Will & Emery

Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more

Erise IP

What’s Trending in Trademarks, March 2024: Chanel Reseller Found Liable for Trademark Infringement, False Advertising; Federal...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Chanel...more

Dorsey & Whitney LLP

Trader Joe’s Labor Union Bags a Victory in Trademark Dispute

Dorsey & Whitney LLP on

Trader Joe’s is a hugely popular grocery chain that has expanded from its Southern California origins to operate close to 600 stores across the United States. Although Trader Joe’s has traditionally had a reputation as an...more

Farella Braun + Martel LLP

Court Discounts Confusion Evidence in Trademark Infringement Action: Is the Confusion Actual?

Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all...more

International Lawyers Network

UK Appeal Court: Beware of the “Side-By-Side” Trade Mark Comparison

Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024) - When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the...more

McDermott Will & Emery

Trademark Trial & Appeal Board Gets a DuPont 101 Lesson

McDermott Will & Emery on

Addressing errors in the Trademark Trial & Appeal Board’s likelihood of confusion analysis in a cancellation action, the US Court of Appeals for the Federal Circuit vacated and remanded, holding that the Board erred by...more

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

Lathrop GPM

Florida Federal Court Allows Franchisor’s Lanham Act and Breach of Contract Claims to Proceed

Lathrop GPM on

A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ...more

Brooks Kushman P.C.

What If I Told You None of It Was Accidental? Cetaphil’s Marketing Tactics Balance Taylor Swift Imagery and IP Rights

Brooks Kushman P.C. on

The Cetaphil #GameTimeGlow commercial, aired before the 2024 Super Bowl, has garnered attention for its portrayal of a father and daughter bonding over football, indirectly tied to Taylor Swift’s appearances at Kansas City...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends: U.S. Court of Appeals for the Federal Circuit: New Chapters in Two Ongoing...

In 2023, the Court of Appeals for the Federal Circuit issued three opinions regarding U.S. design patents. The three 2023 opinions are Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., LKQ...more

McDermott Will & Emery

Bling It On: Laches Prevents Profit Disgorgement in Diamond-Studded Trademark Battle

In a dispute involving allegedly counterfeit luxury watches, the US Court of Appeals for the Fifth Circuit affirmed a district court’s finding of trademark infringement and its finding that a laches defense prevented...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Lewis Roca

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Lewis Roca on

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....more

Weintraub Tobin

The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

Weintraub Tobin on

As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case...more

Lewitt Hackman

Franchisor 101: Hunka, Hunka Confusion

Lewitt Hackman on

A federal district court in Florida denied a former moving and junk hauling franchisee’s motion to dismiss claims of trademark infringement and unfair competition by franchisor College Hunks Hauling Junk (“CHHJ”)....more

McDermott Will & Emery

SHAZAM! CAPTAIN CANNABIS Registration Defeated by Prior Analogous Trademark Use

McDermott Will & Emery on

Addressing the issue of analogous trademark use, the Trademark Trial & Appeal Board designated precedential a September 6, 2022, decision in which the Board cancelled a registration for CAPTAIN CANNABIS based on the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® -The Emperor Has No…Agreement? The USPTO’s Recent Update on “Clothed” Consent Agreements

As any good trademark practitioner knows, a “naked” consent agreement is one in which one party provides consent to the registration of another party’s mark without an explanation of why confusion is unlikely, or what the...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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