News & Analysis as of

Likelihood of Confusion Brand

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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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: Toms...more

Epstein Becker & Green

Battle of the Brands

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Summer 2023 is heating up to be the Summer of Barbie. Last week Mattel filed a Notice of Opposition against Burberry’s proposed “BRBY” trademark with the Trademark Trial and Appeal Board asserting likelihood of confusion with...more

Fox Rothschild LLP

Jack Daniel's Wins Supreme Court Battle with Dog Toy Seller Who Mocked Iconic Brand

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In a win for brand owners across the country, the U.S. Supreme Court ruled last week that potential infringers as a threshold matter are not automatically shielded from liability by simply claiming their infringement includes...more

Linda Liu & Partners

Determination that Counterfeit Clothing Styles Constitute Unfair Competition

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With regards to popular or unique quality clothing styles, imitation often occurs. For such imitation, it is difficult to regulate from the perspective of trademark infringement, and when claiming copyright infringement, it...more

Akerman LLP - Marks, Works & Secrets

Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged, the issues presented in the care are: ...more

Clark Hill PLC

Can a Ubiquitous Brand With Stripes Claim Trademark Infringement on All Striped Logos? Adidas v. Thom Browne Says No

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This past month, Adidas lost its highly publicized trademark infringement lawsuit against luxury fashion brand, Thom Browne. The lawsuit stemmed from Thom Browne’s use of a “four stripe” logo design eerily similar to the...more

Sunstein LLP

Supreme Court to Hear the “Bad Spaniels” Case

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On November 21, 2022, the United States Supreme Court granted a petition for certiorari in Jack Daniel’s Properties, Inc., v. VIP Products LLC. The case is an appeal of a Ninth Circuit decision which held, among other things,...more

Foster Garvey PC

Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important...

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On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the...more

Smart & Biggar

Canadian Trademark Law 2021: A Year in Review

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2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more

Ward and Smith, P.A.

Company Names vs. Trade Names: Understanding the Legal Difference

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So you did all the hard work that was necessary to get a new business off the ground.  And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability...more

Dorsey & Whitney LLP

’Tis the Season for Family Drama: Seventh Circuit Explains Reverse Trademark Confusion in Battle Over Family Name

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Just in time for the holidays, the U.S. Court of Appeals for the Seventh Circuit resolved a lawsuit rooted in the spirit of the season - family drama. Fabick, Inc. v. JFTCO, Inc. recounts a dispute that pit brother against...more

Akerman LLP - Marks, Works & Secrets

A Cautionary Tale of Waiver!

The Federal Circuit upheld a Trademark Trial and Appeal Board (“Board”) decision refusing registration of an athletic apparel company’s trademark, holding that the trademark applicant waived its key arguments by not raising...more

Akerman LLP - Marks, Works & Secrets

Collective Membership And Preserving The Heritage of Pierce Arrow

In a recent decision concerning the scope of protection for collective membership marks, the Trademark Trial and Appeal Board sustained The Pierce-Arrow Society’s opposition to registration of PIERCE-ARROW for “automobiles”...more

Jaburg Wilk

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

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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

Hogan Lovells

Starbucks rocks for first time in Luxembourg

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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

Bennett Jones LLP

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

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The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

Dorsey & Whitney LLP

No Marijuana in Margaritaville: TTAB Rejects Proposed “Marijuanaville” Mark

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A recent decision in an opposition proceeding before the TTAB demonstrates that the leisure industry is sometimes anything but laid back. Rights holders who may be wasting away in paradise can be roused to action when their...more

Fenwick & West LLP

Can Internet Comments and Search Results Prove Trademark Infringement?

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You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Foley & Lardner LLP

Amazon Wins Ruling on Results for Searches on Brands It Doesn’t Sell

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On October 21, 2015, the Ninth Circuit ruled that online retailer Amazon does not violate the Lanham Act when, in response to a search for a brand it doesn’t sell, it returns a results page that fails to disclose that fact...more

Locke Lord LLP

Locke Lord QuickStudy: Supreme Court Upends Brand Protection Strategies

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In the landmark B&B Hardware, Inc. v. Hargis Industries, Inc. case the Supreme Court held that administrative Trademark Trial and Appeal Board (TTAB) decisions on likelihood of confusion may preclude the parties from...more

Manatt, Phelps & Phillips, LLP

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

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