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Likelihood of Confusion Corporate Branding

BakerHostetler

Battle of the BUs: Baylor University Challenges Boston University’s Use of Interlocking ‘BU’ Design Mark

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What happens when a decades-old trademark agreement collides with modern branding strategies? Baylor University has sued Boston University over the use of an interlocking “BU” logo, reigniting a dispute that traces back to a...more

Smart & Biggar

Canadian Trademark Law 2021: A Year in Review

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2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more

Dorsey & Whitney LLP

Raptors Secure Major Off-Court Win in Trademark Contest

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This season the Toronto Raptors missed the NBA playoffs for the first time since 2013. But this year has not been a total bust for the 2019 NBA Champions, because last month the Trademark Trial & Appeal Board dismissed claims...more

Smart & Biggar

PC v. PC: Smart & Biggar prevails in dismissal of appeal on behalf of Pampered Chef

Smart & Biggar on

On February 15, 2021, the Federal Court of Appeal issued its decision dismissing an appeal from the Federal Court’s trial decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961. As previously reported, Pampered...more

Dorsey & Whitney LLP

Derby Pie Eats Humble Pie

Dorsey & Whitney LLP on

Rupp v. Courier-Journal, Inc. involves a dispute between the makers of DERBY-PIE®—a trademarked chocolate-nut pie—and a local newspaper that published two articles about other businesses creating other chocolate-nut desserts....more

Akerman LLP - Marks, Works & Secrets

Collective Membership And Preserving The Heritage of Pierce Arrow

In a recent decision concerning the scope of protection for collective membership marks, the Trademark Trial and Appeal Board sustained The Pierce-Arrow Society’s opposition to registration of PIERCE-ARROW for “automobiles”...more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

Knobbe Martens on

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

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Trademarks

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Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner. The following includes important,...more

Hogan Lovells

To ‘Bland’ Or Not To Bland? Trademark Implications

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Companies are simplifying, or “blanding,” their brands by dropping unique features in favor of a pared down sans-serif font popular in Silicon Valley, but does this drop trademark protections in the process? Hogan Lovells...more

Fenwick & West LLP

Scout’s Honor: Boy Scouts Rebrand Prompts Trademark Suit by Girl Scouts

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A trademark infringement dispute involving unlikely opponents made national headlines last fall when the Girl Scouts of the United States of America (GSUSA) filed suit against the Boy Scouts of America (BSA), following BSA’s...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

Smart & Biggar

Streamlined Canadian trademark litigation — Court of Appeal opens door to full compensation

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A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive. In Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215...more

Snell & Wilmer

Considerations When Creating Your Brand

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I. Conducting a Clearance Search - A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your...more

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