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Trademark Application › Appeals › Likelihood of Confusion

McDermott Will & Emery

Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

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The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more

McDermott Will & Emery

Actual or Potential Consumers in Related Goods Context Doesn’t Require PURE Overlap

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The US Court of Appeals for the Federal Circuit reminded us that, in the context of related goods, the likelihood of confusion analysis does not require that actual or potential consumers of the goods be the same, but only...more

McDermott Will & Emery

What's Cookin'? No Likelihood of Confusion Between Two KITCHEN Marks

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Addressing the assessment and application of the DuPont likelihood of confusion factors, the US Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s finding of no likelihood of confusion...more

Knobbe Martens

No Kitchen Confusion: When Comparing Marks, the Trademark Board Can Give Less Weight to Shared Terms if the Terms Are Suggestive...

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QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to...more

Akerman LLP - Marks, Works & Secrets

A Cautionary Tale of Waiver!

Akerman LLP - Marks, Works & Secrets on

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

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

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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

Dorsey & Whitney LLP

DuPont Factors of Likely Confusion – Long Term Co-Existence Without Confusion Deserves Consideration by TTAB

Dorsey & Whitney LLP on

Recently, the Court of Appeals for the Federal Circuit vacated and remanded to the Trademark Trial and Appeal Board a decision on an ex parte appeal regarding a likelihood of confusion between the applicant’s mark GUILD...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on

There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Hogan Lovells

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

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

McDermott Will & Emery

Sorry, Will – I AM Refused Registrations

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The US Court of Appeals for the Federal Circuit affirmed a refusal to register the mark I AM for various goods based on a likelihood of confusion with registered marks, concluding that the pseudo applicant’s trade moniker was...more

Knobbe Martens

More Than Zero: Under the Lanham Act, One Interstate Sale Qualifies as Actual Use of a Trademark in Commerce

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In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more

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