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United States Patent and Trademark Office › Likelihood of Confusion › Trademark Infringement

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Pillsbury - Propel

Trademark Fundamentals: Likelihood of Confusion

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A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting...more

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

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

Seyfarth Shaw LLP

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

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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

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

McDermott Will & Emery

Grubhub Relishes Victory Against Trademark Preliminary Injunction

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Upholding the denial of a preliminary injunction motion in a trademark infringement dispute, the US Court of Appeals for the Seventh Circuit concluded that the district court did not err in finding that the trademark owner...more

McDermott Will & Emery

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

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In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

Woods Rogers

What Barbenheimer Can Teach Us About Intellectual Property

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Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.”  In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

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

MarkIt to Market® - June 2023

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Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hear Ye! Hear Ye! Some larger policy implications of the dog toy

McDonnell Boehnen Hulbert & Berghoff LLP on

The much-anticipated oral arguments for the case between Jack Daniel’s and a dog toy company, VIP Products, took place at the Supreme Court of the United States on March 22. One of the issues is whether “dog toys [are]...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Proskauer - Minding Your Business

Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty

Proskauer - Minding Your Business on

Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more

Proskauer - Minding Your Business

New York and Chicago-Style Pizza Wars: The Trademark Edition

Proskauer - Minding Your Business on

The great pizza wars of 2021 are not what you might expect. While the courts will never be able to resolve the question of who (or where) makes the best pie, a pair of decisions from the last few weeks did resolve contentious...more

Akerman LLP - Marks, Works & Secrets

APOGEE at its Nadir for Louis Vuitton at Federal Circuit

Akerman LLP - Marks, Works & Secrets on

The Federal Circuit recently sustained the Trademark Trial and Appeal Board’s (“TTAB” or the “Board”)  refusal to register Louis Vuitton Malletier’s (“LVM”) trademark APOGÉE for perfumes, a decision that will concern...more

McDermott Will & Emery

Gorilla Wars: Infringement but No Intent

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit affirmed a district court’s finding that the mark GORILLA GYM, used by defendant for indoor pull-up bars and accessories, infringed the mark GORILLA PLAYSETS, long used by the...more

Shutts & Bowen LLP

Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

Shutts & Bowen LLP on

No. Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company. The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics: 1. Request the...more

Akerman LLP - Marks, Works & Secrets

Hashtag Is Not Enough to Save Another will.i.am Trademark Application

Akerman LLP - Marks, Works & Secrets on

William Adams is a musical performer who is more famously known by his stage name, will.i.am. A recent ruling from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, unfortunately makes him a...more

Ladas & Parry LLP

TTAB Decision Underscores Difficulty Of Proving Fraud Before The USPTO

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In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) [not precedential]), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce...more

Bowditch & Dewey

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

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

Smith Debnam Narron Drake Saintsing & Myers,...

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

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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

Dickinson Wright

In-n-Out Sues Smashburger Over New Burger Names

Dickinson Wright on

On August 28, 2017, In-n-Out filed a lawsuit against Smashburger for trademark infringement in the Central District of California. In-n-Out claims that Smashburger’s TRIPLE DOUBLE mark is too similar and infringes on its...more

Proskauer Rose LLP

Three Point Shot - August 2017

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Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

Weintraub Tobin

Eagles Ltd. v. Hotel California Baja, LLC: Any Time Of Year, You Can Find Infringement Here

Weintraub Tobin on

Recently, Eagles Ltd. (the “Eagles”), the entity in control of legendary rock band The Eagles’ business affairs, filed a lawsuit against Hotel California Baja, LLC for trademark infringement. While I’m sure most of us are...more

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