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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

Sheppard Mullin Richter & Hampton LLP

Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications

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In BBK Tobacco & Foods LLP v. Cent. Coast Agric., Inc., 97 F.4th 668 (9th Cir. 2024), the Ninth Circuit Court of Appeals held that federal district courts have power to adjudicate trademark applications pursuant to the Lanham...more

Ladas & Parry LLP

New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute

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In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair...more

McDermott Will & Schulte

Use is ACTUALLY Measured by Benefit

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Addressing whether a service mark owner had established a protectable interest in his marks through actual or analogous use, the US Court of Appeals for the 10th Circuit reversed in part the district court’s grant of summary...more

McDermott Will & Schulte

Eye Don’t: No Counterfeiting Without Likelihood of Confusion

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Referring to the act of counterfeiting as “hard core” or “first degree” trademark infringement, the US Court of Appeals for the Ninth Circuit for the first time confirmed that the Lanham Act requires a likelihood of confusion...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

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As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Knobbe Martens

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

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It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more

McDermott Will & Schulte

Sixth Circuit Drops the Beat: Social Media Relevant in Determining Likelihood of Confusion

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The US Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment, holding that the plaintiff provided insufficient evidence to find that relevant consumers were likely to confuse the sources of his and the...more

Knobbe Martens

Trademark Review | September 2016

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BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

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The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

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