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Recent items include:

  • The law on initial interest confusion: Interestingly confusing
  • The Trademark Singularity: Part 2
  • Measuring Likelihood of Confusion: The Eveready Survey Format

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likelihoodofconfusion.com /1 month ago

The law on initial interest confusion: Interestingly confusing

Originally posted 2015-07-10 13:45:06. Republished by Blog Post PromoterOh joy, 9th Cir. embraces initial interest confusion again http://t.co/3Zaqg3DuQd Bad ruling over Amazon’s i...

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likelihoodofconfusion.com /2 weeks ago

The Trademark Singularity: Part 2

If we learned anything in Tam, it is that the Register should not be an expression of value judgments. It is and should be a register (small s). Of trademarks. The post The Tradem...

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jdsupra.com /3 weeks ago

Measuring Likelihood of Confusion: The Eveready Survey Format

There are two commonly accepted survey formats used to measure likelihood of confusion: the Eveready format and the Squirt format. This article addresses the Eveready survey format...

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jdsupra.com /1 month ago

The 99 Year Dilution Dilemma: What’s the Harm if No Confusion?

The Theory of Dilution Crosses the Pond - The origin story for the cause of action of “dilution” in the United States begins with Frank Schechter’s 1927 Harvard Law Review article,...

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likelihoodofconfusion.com /2 weeks ago

The best of intentions

Originally posted 2016-07-27 12:45:36. Republished by Blog Post PromoterGoing to the well (i.e., other people’s blogs) again, and what better well than Duets Blog and Steve Baird?...

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likelihoodofconfusion.com /1 week ago

Best of 2009: “Keeping it real — the ultimate use in commerce”

Originally posted 2009-12-27 16:56:22. Republished by Blog Post PromoterThis was first posted on May 7, 2009. The TTABlogВ® reports, again, on the fraud issue, but that’s not what...

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ipwatchdog.com /1 month ago

CAFC Affirms TTAB Finding of No Likelihood of Confusion Between Vape and Cigar Marks

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Wednesday in Fuente Marketing Ltd. v. Vaporous Technologies, LLC, affirming the decision of...

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jdsupra.com /1 week ago

The TTAB’s Recent Decision In in re lucien g. Lallouz Highlights The Need To Carefully Consider Evidence When Showing Th...

In In re Lucien G. Lallouz, the Trademark Trial and Appeals Board (the “Board”) was asked to decide whether there would be a likelihood of confusion between CASA BLANCA for distill...

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natlawreview.com /1 month ago

“X” Marks the Spot- A Single DuPont Factor May be Dispositive

The US Court of Appeals for the Federal Circuit affirmed dismissal of a trademark opposition, concluding that a single DuPont factor may be sufficient on its own to support a findi...

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patentlyo.com /1 month ago

X Marks the … Stick Figure? Federal Circuit Says One DuPont Factor Can Outweigh All Others

Federal Circuit affirms no likelihood of confusion between cigar maker's X marks and vape company's stick figure design, holding mark dissimilarity alone can be dispositive. Contin...

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likelihoodofconfusion.com /2 weeks ago

Old trademarks never die…

Originally posted 2013-10-29 12:56:20. Republished by Blog Post PromoterThey just fade away. Mostly. The post Old trademarks never die… appeared first on LIKELIHOOD OF CONFUSIONâ„¢...

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jdsupra.com /1 month ago

“X” marks the spot: A single DuPont factor may be dispositive

The US Court of Appeals for the Federal Circuit affirmed dismissal of a trademark opposition, concluding that a single DuPont factor may be sufficient on its own to support a findi...

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likelihoodofconfusion.com /1 month ago

Best of 2011: Ninth Circuit. Keywords. Trademarks. Hike!

Originally posted 2011-12-21 08:40:46. Republished by Blog Post PromoterFirst posted on March 11, 2011. Here’s a roundup of what other people are saying about the decision in Netwo...

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jdsupra.com /3 weeks ago

Measuring Likelihood of Confusion: The Squirt Survey Format

here are two commonly accepted survey formats used to measure likelihood of confusion: the Squirt format and the Eveready format. This article addresses the Squirt survey format, w...

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likelihoodofconfusion.com /1 week ago

Overreaching, Part XXVII: Major League Bozos, confirmed

Originally posted 2014-05-29 01:48:53. Republished by Blog Post PromoterSometimes we’re not only right, but a judge agrees with us. The AP reports: Fantasy baseball leagues are all...

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likelihoodofconfusion.com /1 month ago

Trademarks and the candidates

Originally posted 2016-11-11 11:04:02. Republished by Blog Post PromoterIt’s a little late, but not irrelevant for all that: Click through (before they archive it!) to read what th...

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likelihoodofconfusion.com /2 weeks ago

Trademarks: The IP that isn’t IP

Originally posted 2019-02-13 13:08:09. Republished by Blog Post PromoterI have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that? — but in...

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jdsupra.com /1 month ago

Dot or Not: Federal Circuit Agrees a Dot Can Prevent Confusion

It may be rare when a mere dot is considered to be enough to distinguish two trademarks used for similar goods. But that was the ruling of the Federal Circuit in Fuente Marketing,...

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likelihoodofconfusion.com /1 month ago

Best of 2009: “Fraud on the PTO: Is it real, or all in my mind?”

Originally posted 2010-01-01 11:30:30. Republished by Blog Post PromoterThis was first posted on September 3, 2009. Big decision, via the TTABlog®: The worm, finally, finally, has...

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likelihoodofconfusion.com /1 month ago

Marty Schwimmer’s blog

Originally posted 2014-07-14 14:36:19. Republished by Blog Post PromoterBy the way, let me be very clear about this: В The definitive blog on the topic of trademarks is my friend M...

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likelihoodofconfusion.com /3 weeks ago

Taking the IP Train

Originally posted 2010-09-06 16:08:53. Republished by Blog Post PromoterThe New York Times reported (yes, reg. req.) last week that New York’s Metropolitan Transit Authority is scr...

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likelihoodofconfusion.com /3 weeks ago

Strumming their fate

Originally posted 2006-06-06 20:39:18. Republished by Blog Post PromoterWe blogged a while ago about the Les Paul guitar lawsuit, based on the idea that the shape of the Les Paul g...

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likelihoodofconfusion.com /1 month ago

11th Circuit: Real life not endorsed; doesn’t need to be

Originally posted 2012-06-22 14:07:16. Republished by Blog Post PromoterRemember the artist Daniel Moore, who got sued up and down by the University of Alabama for “unauthorized” p...

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likelihoodofconfusion.com /1 month ago

A Jones for masochism

Originally posted 2008-09-16 01:12:38. Republished by Blog Post PromoterWhat, Jones Day doesn’t know about trademark law?В  Hardly thinkable. Well, maybe it doesn’t know that in th...

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