Latest updates for Likelihood Of Confusion

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Recent items include:

  • Measuring Likelihood of Confusion: The Eveready Survey Format
  • “X” Marks the Spot- A Single DuPont Factor May be Dispositive
  • CAFC Affirms TTAB Finding of No Likelihood of Confusion Between Vape and Cigar Marks

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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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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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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 /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 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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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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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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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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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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natlawreview.com /1 month 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

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 /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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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 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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law360.com /1 month ago

Fed. Circ. Backs TTAB Order Rejecting Vape Mark Challenge

The Federal Circuit on Wednesday backed a decision by the Trademark Trial and Appeals Board that rejected a challenge to a vape company's trademark application, finding that there...

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jdsupra.com /1 week ago

High Court “Zips” Up Honest Concurrent Use

In a decision with major implications for brand strategy, the High Court of Australia has upheld a high bar for traders to adopt a brand name “honestly”. The High Court has hand...

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natlawreview.com /1 week ago

High Court “Zips” Up Honest Concurrent Use

In a decision with major implications for brand strategy, the High Court of Australia has upheld a high bar for traders to adopt a brand name “honestly”. The High Court has handed...

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jdsupra.com /1 month ago

A Common Branding Conundrum: Building a Brand With a Trademark That Is in Use by a Competitor

Consider the following scenario: you have just landed on a new brand name for your business or product. However, you discover that another business is already using it, but has not...

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natlawreview.com /1 month ago

The "Rogers" Test Continues to be a Vital Protection for Expressive Works

Third-party trademarks and products show up in motion pictures and television productions in all sorts of ways. Cameras pan down busy urban streets with restaurant, retail signage,...

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jdsupra.com /1 month ago

The "Rogers" Test Continues to be a Vital Protection for Expressive Works

Third-party trademarks and products show up in motion pictures and television productions in all sorts of ways. Cameras pan down busy urban streets with restaurant, retail signage,...

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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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law360.com /1 month ago

Similar-Looking Designs May Not Always Prove Infringement

The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented desig...

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jdsupra.com /1 month ago

AI and Trademark Prosecution: Why Identifying Risk is No Longer the Advantage

AI is now fully integrated into the trademark practice. Clearance searches, likelihood of confusion analysis, and monitoring are now faster, broader, and more data-driven than ever...

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