While both direct and indirect confusion occur in the real world, the use of this distinction in the legal test of a likelihood of confusion is unnecessary. Further, the requirement to explain a ...

It may be punny or even funny, but a unanimous Supreme Court has decided that the “Bad Spaniels” dog-toy brand may infringe and dilute the “Jack Daniel’s” trademark.[1] Last week’s opinion puts an end ...

The US Court of Appeals for the Federal Circuit has addressed errors in the TTAB’s likelihood-of-confusion analysis of a cancellation action. The court vacated and remanded the action, holding that ...

In a recent decision (Cofresco Frischhalterprodukte GmbH & Co KG v Controller of Patents, Designs and Trade Marks & Reynolds Metals Company (Ms Justice Finlay Geoghegan, June 14 2007), the Irish High ...

Gregory has counseled clients concerning a broad range of intellectual property issues, negotiated trademark licenses, purchases, and consent agreements, and litigated numerous trademark, copyright, ...

In Aceites del Sur-Coosur SA v Koipe Corporación SL, the ECJ has held that there was a likelihood of confusion between the figurative trademarks LA ESPAÑOLA and CARBONELL for olive oil. The case ...

Empire Distribution appealed such decision to the Ninth Circuit. In reviewing the district court's decision, the Ninth Circuit noted that, generally, Lanham Act claims of trade mark infringement are ...