News & Analysis as of

Likelihood of Confusion

Canadian Beer Trademarks: When is a Moose Just a Moose?

by Field Law on

When is a moose just a moose? Apparently when it is reclined in a parlour sipping gin. In Moosehead Breweries Limited v Eau Claire Distillery Ltd., 2018 TMOB 24 (CanLII), Canadian brewer Moosehead Breweries, the oldest,...more

What You Need to Un-Suspend a Trademark

Suspended high above Chelsea Market in New York City are these eye-catching ads for OWYN... ...That’s a new brand for me, I’m unsure how to pronounce it (Own, Owen or Oh Win), but OWYN apparently stands for Only What You...more

The Trademark Trial And Appeal Board Announces A New Test For Comparing Standard Character Marks With Word & Design Marks

by Orrick - IP Landscape on

Order Affirming Refusal to Register, In re Aquitaine Wine USA, LLC, Serial No. 86928469 (TTAB Apr. 2, 2018) (Ritchie, Wolfson and Adlin) - The Federal Circuit left the following question open in its In re Viterra decision...more

Like a Rolling STONE: Stone Brewing’s Trademark Dispute with MillerCoors

by Bowditch & Dewey on

Stone Brewing—widely known for its popular IPA and other craft brews—recently cast the first stone in a trademark dispute with the conglomerate that owns Keystone. In its complaint for trademark infringement, Stone Brewing...more

Fair Enough: The “Fair Use” Defense to Trademark Infringement

by Jaburg Wilk on

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

A Tale of Beer and The Hobbit

A recent case before the U.S. Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) pits the owner of rights in J.R.R. Tolkien’s Middle-earth fantasy book series against craft brewer American Beerworks, which filed a...more

Tangled In The Web: T.T.A.B. Dismisses Opposition Relying On Uncorroborated Internet-Based Evidence

by Orrick - IP Landscape on

Order Dismissing Opposition to Registration, WeaponX Performance Products Ltd. v. Weapon X Motorsports, Inc., T.T.A.B. (March 14, 2018) - Proving trademark rights in opposing an application to register a mark is crucial. ...more

What’s In a Name: The Bell’s v. Innovation Trademark Naming Dispute

Selecting a unique, memorable, and descriptive name for your next beer release is becoming a daunting task in the increasingly-crowded craft brewing landscape. ...more

When Your Rebranding Gets “Stone”-Walled

Earlier this month, Stone Brewing Company (“SBC”), a craft brewery in Southern California, sued Molson Coors Brewing Company and MillerCoors LLC (together “MillerCoors”) for trademark infringement and related unfair...more

“Love” Is Not Enough

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit upheld a dismissal of claims that the mark SHARE THE LOVE was likely to cause confusion with the mark A WORLD OF LOVE, FOR YOU AND THOSE YOU LOVE, because the marks, considered in...more

Does Your Trademark Have Relevant Artistic Expression?

by Newmeyer & Dillion LLP on

Traditionally speaking, we think of a ‘trademark’ protected under the Lanham Act as a mark used to identify and distinguish a good or service from other goods and services on the market. But what if the purported ‘trademark’...more

adidas victorious again in defending its rights to the Three Stripes

by Hogan Lovells on

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...more

Europe – General Court: Bad faith’s link to likelihood of confusion

by Hogan Lovells on

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Franchisor 101: Copycat Restaurant Shutdown

by Lewitt Hackman on

A registered trademark is a valuable corporate asset and can be a significant part of a company's worth. A franchisor has an affirmative legal duty to police use of its mark by licensed franchisees and also third-party...more

Vegas Hockey Team Faces Off Against The U.S. Army Over Trademark Dispute

by Dorsey & Whitney LLP on

The Vegas Golden Knights, an expansion team based in Las Vegas that joined the National Hockey League (NHL) earlier this year, have had a surprisingly successful “rookie year,” both on the ice and at the box office. This...more

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

by Knobbe Martens on

It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more

Legitimate Super Bowl Ambush Marketing

Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful....more

Starbucks rocks for first time in Luxembourg

by Hogan Lovells on

Judgment of the General Court, 16 January 2018 in case T-398/16, Starbucks Corp. vs EUIPO* In 2014, Starbucks opposed the below EUTM application seeking protection for “services for providing drinks“, services for which...more

Green Bay Packers Enforce “Titletown” Mark Against High School Football News Series

Tis’ the season for football, not just on the gridiron, but also at the U.S. Patent and Trademark Office. Shortly after the “Minneapolis Miracle,” as we reported this week, the Minnesota Vikings applied for registered marks...more

Steering Away From Confusion: Despite Advisory Jury Finding, Court Rules No Infringement of DRIVEWISE Trademark

by Orrick - IP Landscape on

Findings of Fact and Conclusions of Law, Allstate Insurance Co. v. Kia Motors America Inc., C.D. Cal. (December 22, 2017) (Judge James Otero) - In a recent trademark infringement case, Judge James Otero of the Central...more

Jury Finds Allstate’s DRIVEWISE Mark Infringed By Kia

On November 9, 2017, a nine-person jury in the Central District of California found Kia Motor Corp.’s high-tech “Drive Wise” vehicle add-ons were likely to cause confusion with Allstate Insurance Co.’s trademarked “Drivewise”...more

Intellectual Property Basics

by Jackson Walker on

This handout provides an entry level discussion of intellectual property and sets out IP action steps. TABLE OF CONTENTS - Introduction - Trademarks - Copyrights - Patents - Trade Secrets - Keep Attorneys From...more

You Have Goat to be Kidding Me

Billie Goat Tavern & Grill in Chicago has sued St. Louis-based The Billie Goat Chip Company for trademark infringement, claiming the sale of Billie Goat Chips in Illinois and elsewhere is causing confusion with their tavern....more

Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal...

Federal district courts continue to apply the Supreme Court’s ruling in B&B Hardware, Inc. v. Hargis Indus., Inc., 135 S.Ct. (2015) with unpredictable results. The latest such example comes from the Southern District of New...more

B&B Hardware Precludes Defense To Likelihood Of Confusion In District Court

In 2015, the Supreme Court, in its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. (“B&B”), held that sometimes issue preclusion should apply to prior Trademark Trial and Appeal Board (“TTAB”) decisions. 135 S. Ct....more

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