News & Analysis as of

Likelihood of Confusion

Roetzel & Andress

Baylor University v. Boston University: What the BU Battle Means for Your Brand

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Baylor University filed a trademark infringement lawsuit against Boston University, claiming that Boston’s use of an “interlocking BU” logo is confusingly similar to Baylor’s federally registered trademark, that also features...more

Miller Nash LLP

From Cocktails to Mocktails: Protecting Your Brand in America's $9 Billion N/A Market

Miller Nash LLP on

The American drinking landscape is undergoing a dramatic transformation. While alcohol used to be a staple for late nights, social gatherings, and weekend relaxation, today's consumers are increasingly mindful about their...more

Haug Partners LLP

Federal Circuit Reverses TTAB Decision in Sunkist Growers, Inc. v. Intrastate Distributors, Inc.: Minor Variations Are Not Always...

Haug Partners LLP on

On July 23, 2025, the U.S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (TTAB) dismissal of Sunkist Growers, Inc.’s (Sunkist) opposition to Intrastate Distributors, Inc.’s (IDI)...more

K&L Gates LLP

Karen Walker Has a Runaway Win Before the Trade Marks Office

K&L Gates LLP on

In a recent decision of the Australian Trade Marks Office, Karen Walker Limited successfully opposed the registration of the mark ‘Runaway the Label‘ for clothing, footwear and headgear (class 25) and online retail services...more

ArentFox Schiff

Clash of the Columbias - Litigating Co-Existence Agreements

ArentFox Schiff on

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep...more

Troutman Pepper Locke

I Found An “I-Dentical” (or Similar) Trademark! What Now?

Troutman Pepper Locke on

“I-dentical.” With a clap for emphasis and a wave of two hands, this phrase became one of the more memorable quotes from a trial. Although, in this case, it was a trial made for Hollywood, where Joe Pesci, a New York...more

BakerHostetler

The GOAT Dispute: A Spirited Defense Against ‘Trademark Bullying’ or Savvy Enforcement Strategy in the Age of E-Commerce?

BakerHostetler on

Does the sale of promotional clothing products turn a vodka and bourbon company into a fashion retailer? How much weight should be given to overlap in “channels of trade” when two companies sell certain products online but...more

Clark Hill PLC

Worried your trademark might be commercially and conceptually weak? Recent opinions by the trademark trial and appeal board...

Clark Hill PLC on

As any marketing expert will tell you, the best trademarks are both creative and unique. Such “strong” trademarks are more memorable and set a product apart from competitors’ products....more

International Lawyers Network

Global Giants vs. Local Legends: The Fanatics v FanFirm IP Battle Unpacked

Fanatics, LLC v FanFirm Pty Ltd [2025] FCAFC 87 - The Full Federal Court of Australia has passed judgment on a clash between local sports merchandiser, FanFirm Pty Limited, and a global opponent, Fanatics, LLC in a case about...more

Baker Donelson

Bored Apes – Intangible "Goods" Pave the Way for Trademark Protection of NFTs

Baker Donelson on

In a recent decision establishing important precedent for trademark rights associated with digital assets, the Court of Appeals in Yuga Labs, Inc. v. Ripps, Case No. 24-879, 2025 WL 2056060 (9th Cir. July 23, 2025), clarified...more

Knobbe Martens

Sunkist Squeezes Out a Win and Kisses Kist Goodbye!

Knobbe Martens on

SUNKIST GROWERS, INC. v. INTRASTATE DISTRIBUTORS, INC. - Before Prost, Taranto, and Stark.  Appeal from the Trademark Trial and Appeal Board. The TTAB incorrectly found that similar trademarks created distinct commercial...more

Troutman Pepper Locke

Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast

Troutman Pepper Locke on

In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon...more

Baker Donelson

Post-SCOTUS District Court Ruling in Jack Daniel's v. VIP Products Reshapes Trademark Dilution Jurisprudence

Baker Donelson on

Background and Supreme Court Decision - As previously reported, in Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the U.S. Supreme Court clarified a crucial boundary in trademark law: when an...more

Axinn, Veltrop & Harkrider LLP

Entresto Trade Dress Dispute: No Injunctive Relief for Novartis

On July 15, 2025, Judge Evelyn Padin of the District of New Jersey denied Novartis’s motion for preliminary injunction, which would have blocked MSN Laboratories Pvt. Ltd. from selling a generic version of Novartis’s Entresto...more

Dorsey & Whitney LLP

Federal Circuit Finds Sua Sponte is Not a Good Vintage

Dorsey & Whitney LLP on

Legal decisions, like fine wine, should be balanced. The Federal Circuit recently corked a non-precedential TTAB decision that ECHO D’ANGÉLUS was not confusingly similar to ECHO DE LYNCH BAGES, where both were used for wine,...more

McDermott Will & Schulte

Kissing cousins? SUNKIST and KIST deemed confusingly similar

The US Court of Appeals for the Federal Circuit reversed a Trademark Trial & Appeal Board decision, concluding that there was a likelihood of confusion between the marks KIST and SUNKIST when used in connection with soft...more

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Bradley Arant Boult Cummings LLP

Federal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion

In Sunkist Growers, Inc. v. Interstate Distributors, Inc. (No. 24-1212), the Federal Circuit reversed the Trademark Trial and Appeal Board’s decision dismissing Sunkist’s opposition to Interstate Distributor’s (IDI) attempt...more

Mayer Brown

Online Advertisements and Trade Mark Infringement – Singapore Court of Appeal Issues a Landmark Decision

Mayer Brown on

The Singapore Court of Appeal's decision in East Coast Podiatry Centre Pte Ltd v Family Podiatry Centre Pte Ltd [2025] SGCA 28 ("East Coast Podiatry") marks a significant development in Singapore's trade mark jurisprudence,...more

Jaburg Wilk

The Trademark Registration Process: Step-by-Step Guide

Jaburg Wilk on

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for...more

McDermott Will & Schulte

Clean bill of health: Only domestic activities count when analyzing likelihood of confusion

Affirming a summary judgment decision finding no trademark infringement under the Lanham Act, the US Court of Appeals for the Ninth Circuit determined that the district court properly focused on domestic activity with regard...more

Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

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The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

Morgan Lewis

UK Supreme Court Confirms Post-Sale Context Is a Basis for Trademark Infringement

Morgan Lewis on

The UK Supreme Court recently handed down judgement in the case of Iconix Luxembourg Holdings SARL v. Dream Pairs Europe Inc. The decision has provided important clarity on the question of whether post-sale confusion is...more

Morgan Lewis

EU General Court Affirms English Trade Marks Must Pass A1–A2 Bar

Morgan Lewis on

In Karneolis LTD v. EU Intellectual Property Office and Match Group LLC,[1] the EU General Court ruled in favour of Match Group LLC, the dating app conglomerate that owns and operates, among others, Tinder, Hinge, and...more

Jones Day

UK Supreme Court Holds Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

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The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more

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