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Tag Archives: Likelihood of Dilution

April Madness, the NCAA’s One Month Buffer?

Posted in Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations. Does “April Madness” fall within the NCAA’s scope of trademark rights for “March Madness“? Likelihood of confusion? Is “March Madness” a famous mark deserving protection from dilution? How… Continue Reading

Likelihood of Preclusion: Fallout From the Supreme Court Ruling on Likely Confusion

Posted in Articles, Infringement, Law Suits, Trademarks, TTAB

Move over likelihood of confusion, there is another sheriff in town, at least when it comes to looking for guidance on best practices and strategic considerations for a brand owner’s clearance, registration, protection and enforcement of trademark rights in the United States. As if us dedicated trademark types didn’t already have enough likelihoods (confusion, dilution,… Continue Reading

Likelihood of Confusion and/or Dilution?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Marketing, Technology, Trademarks

Let’s suppose you’re a non-profit like the NRA, you sell stuff on your NRAstore.com, and you’d like to promote the fact that your website has over 30 product demonstration videos available that can easily be viewed online by potential consumers before they buy stuff from you. Let’s also suppose that when you sell stuff, 100%… Continue Reading

A Fluid Family of Trademarks?

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Trademarks, TTAB

John Welch over at the TTABlog recently reported that oral argument will be heard by the TTAB later this month in McDonald’s opposition of McSweet LLC’s application to federally register McSweet for pickled vegetable products. It appears many resources have been invested on both sides of this battle for more than six years; it is unclear… Continue Reading

Trademark Clearance Opinions Webinar

Posted in Almost Advice, Dilution, Domain Names, Famous Marks, Infringement, Trademarks, TTAB, USPTO

Teaming up with Susan Upton Douglass of the Fross Zelnick firm is always fun, so don’t miss our upcoming webinar on September 11, 2013. It is entitled “Structuring Trademark Clearance Opinions: Assessing Search Results to Identify Infringements, Overcoming Clearance Challenges, and Preparing Opinions to Reduce Legal Risks,” and it is offered by Strafford Publications. We’ve… Continue Reading

Chick-fil-A to Land in Trademark Bully Court?

Posted in Advertising, Articles, Branding, Dilution, Food, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks, USPTO

As Chick-fil-A enters the Twin Cities market, it has begun another creative billboard campaign touting the “End of Burgerz — Koming Soon,” with no sign of the “Eat Mor Chikin” campaign, as of yet anyway. Bo Muller-Moore of Vermont — owner of the “Eat More Kale” trademark — probably would prefer that the billboards read: “The End… Continue Reading

Protecting the Least Sophisticated Potential Consumers

Posted in Famous Marks, Infringement, Trademark Bullying, Trademarks, TTAB

When the “trademark bully” epithet is hurled at a trademark owner “caught in the act” of enforcing or otherwise protecting its intellectual property rights, another common accompaniment is the expressed outrage and indignation that no one could ever possibly be confused. Here are a few points worth noting: The test of infringement is likelihood of confusion, not actual confusion. Likelihood of confusion is… Continue Reading

Willa-n-Wella, Living-n-Harmony Now

Posted in Branding, Famous Marks, Infringement, Law Suits, Trademark Bullying, Trademarks, TTAB

The New York Times has been following a trademark battle between Christy Prunier’s body and beauty care start-up business apparently geared toward preteen and teenage girls (Willagirl LLC) and industry giant Procter & Gamble, owner of the well-known, if not famous, more than century old WELLA hair care brand, with U.S. trademark rights dating back at least to the early… Continue Reading

And, Here’s . . . Jimmy’s Johnnys

Posted in Advertising, Branding, Dilution, Famous Marks, Food, Marketing, Television, Trademarks, TTAB

One good thing leads to another, or perhaps, vice versa (then again, maybe not):      Odds are, you probably are familiar with the logo on the left, but maybe not the history behind the brand and company it represents. Apparently, a guy named Jimmy John Liataud founded Jimmy John’s Gourmet Sandwiches in Charleston, Illinois, in 1983, and since then, has grown… Continue Reading