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Reverse Confusion: A Lesser Known Approach to Analyzing Likelihood of Confusion

Photo of Meg K. Tierney (US)
By Meg K. Tierney (US) on September 18, 2023

Home Chef continues to lose the battle to stop Grubhub from using, what they assert, is a confusingly similar logo for food-related services.

Home Chef began using its HC Home Mark and Home Chef Home Logo (collectively, the “HC Marks”)…

Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit

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By Kaylee A. Sill (US) on September 1, 2023

The Fifth Circuit upheld a preliminary injunction last week prohibiting Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. and Shenzhen Sanlida Electrical Technology Co., Ltd.  (collectively “Shenzhen”) from selling stand mixers that allegedly infringe Whirlpool Corp.’s (“Whirlpool”) famous KITCHENAID trademarks…

It’s a girl group, but a BOYS WORLD: When does a performing artist’s name function as a trademark?

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By Nathan Mannebach (US) on August 15, 2023

In a precedential decision, the Trademark Trial and Appeal Board (“Board”) reversed the decision of the Examining Attorney, concluding that BOYS WORLD for “audio recordings featuring music,” in International Class 9 functioned as a trademark. ZeroSix, LLC, 2023 U.S.P.Q.2D…

From Non-Infringement to No Jurisdiction: Does a Finding of Non-Infringement Moot a Request for Declaratory Judgment of Invalidity in Trademark Cases?

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By Meg K. Tierney (US) on July 28, 2023

The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. SDCC filed a Petition for Writ of Certiorari asking…

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“Taste the Strain Bro”: Wrigley Settles SKITTLES Trademark Dispute with Cannabis Company

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By Kaylee A. Sill (US) on July 14, 2023

** This article was drafted by Logan Woodward, a Summer Associate in NRF’s Minneapolis Office.  Logan is supervised by attorneys who are licensed in the State of Texas.

After a two-year feud, Mars Wrigley (“Wrigley”), the maker of the popular…

China – Suspension of Trade Mark Applications More Readily Available?

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on June 21, 2023

In our previous post (here), we talked about a change being proposed by the China National Intellectual Property Administrative (commonly known as CNIPA), prohibiting repeated filings for the same trade mark.  This was particularly concerning to brand…

Supreme Court Rules in Favor of Jack Daniel’s in BAD SPANIELS Case: Parody Marks Can Still Function as A Source Identifier

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By Meg K. Tierney (US) on June 9, 2023

The United States Supreme Court issued its decision in a years-long dispute between Jack Daniel’s and VIP Products LLC (“VIP”) over a humorous dog toy which is intended to mimic the label of a Jack Daniel’s whisky bottle. Jack Daniel’s…

Up in Smoke: TTAB Denies Registration for Cannabis Paraphernalia

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By Stephanie Schmidt (US) on May 16, 2023

The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).

Yet Another Change Coming Up?  Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law

Photo of Justin Davidson (HK)Photo of James Kwong (HK)
By Justin Davidson (HK) & James Kwong (HK) on April 27, 2023

We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law. 

We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…

The New York Times Company Secures Registration of Six Column Names, Including LIKE A BOSS and THE NEW OLD AGE

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By Kaylee A. Sill (US) on April 11, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND…

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