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Trademark Litigation › Goods or Services › Appeals

McDermott Will & Schulte

Kissing cousins? SUNKIST and KIST deemed confusingly similar

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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

Fitch, Even, Tabin & Flannery LLP on

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

Stinson LLP

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

Stinson LLP on

Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the...more

Jones Day

Gloves Off: Court Says No to Green Trademark Protection

Jones Day on

The U.S. Court of Appeals for the Federal Circuit held that the test for determining whether a word mark is generic also applies to color marks....more

McDermott Will & Schulte

Equity Is Neither a “Good” Nor a “Service” Under Lanham Act

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

Farella Braun + Martel LLP

Certification Marks and Fame

Farella Braun + Martel LLP on

Trademark owners have the right to stop third parties from using marks that could cause a likelihood of consumer confusion. Third-party use of a trademark that is the same or similar to the owner's trademark for goods related...more

McDermott Will & Schulte

Second User Vaping Company Has No Claim to “Affliction”

McDermott Will & Schulte on

The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

Hogan Lovells

EUIPO: Repeat trademark applications for the same classes can equate to bad faith

Hogan Lovells on

In July, the Second Board of Appeal of EUIPO declared the MONOPOLY trade mark invalid to the extent that the underlying application covered goods and services for which the trade mark was already registered. Such filings...more

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