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Trademark Infringement › Likelihood of Confusion › Marketing

Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

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The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

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

MarkIt to Market® - June 2023

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

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

Weintraub Tobin

TRUE STONE v. KEYSTONE: Stone Brewing’s Motion for Preliminary Injunction is Denied, but the Court’s Ruling Indicates a Finding of...

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On February 12, 2018, Stone Brewing, arguably the most well-known craft brewer, filed a complaint against MillerCoors LLC, the multinational beer conglomerate, for trademark infringement. Specifically, Stone Brewing alleges...more

Snell & Wilmer

Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

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The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2018 #4

Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more

Jaburg Wilk

Fair Enough: The “Fair Use” Defense to Trademark Infringement

Jaburg Wilk on

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

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