Likelihood of Confusion

The 13 Du Pont Factors: Similarity/dissimilarity of the trademarks in their entireties (appearance, sound, meaning, commercial impression) Similarity/dissimilarity and nature of the goods or services as identified in the application/registration Similarity/dissimilarity of established, likely-to-continue trade[...]

For many entrepreneurs, naming a brand after a founder feels like the safest, most authentic choice. It’s personal. It’s memorable. It signals accountability. But in trademark law, a common first name can be a surprisingly risky[...]

In trademark law, establishing a likelihood of confusion often hinges not only on the similarity of the trademarks themselves, but also on whether the goods or services they identify are sufficiently related. Section 1207.01(a) of the[...]

Are Coffee, Wine, and Hard Cider Related Goods In Trademark Law? The United States Patent and Trademark Office (USPTO) may refuse to register a trademark if it is likely to cause confusion with an existing trademark.[...]

Likelihood of confusion is the fundamental test of both state common-law and statutory trademark infringement.  Trademark infringement of a federally registered trademark under the Lanham Act (32(1)(a), 15 USCA 1114(1)(a)) is defined as: "Any person who[...]

It is basic public policy that free competition drives our economy.  It follows that the "imitation" and “copying” of creative ideas and concepts is a very important part of a free market's success.  Once ideas, concepts[...]

A generic trademark is when the name of the mark is the actual name for that product. Examples include: STRAWBERRY for strawberries, or LAW FIRM for a law firm, or TRADEMARK ATTORNEY for a Chicago trademark attorney. A[...]