Consumer Confusion Can Be Confusing From initial confusion to post-purchase confusion – what’s the right course? Consumer Confusion can be, well, confusing. There are many different types of confusion that can support an allegation of…
Expose Critical and Fatal Survey Flaws Survey rebuttals can save your case Your intellectual property infringement case is hanging on the validity of an expert survey. The expert is experienced and the report looks solid….
Yes, according to the John Marshall Review of Intellectual Property Law “Courts have continually utilized surveys to show evidence of secondary meaning, generieness, dilution, and functionality in trademark litigation.” – The John Marshall Review of…
What you need to know about trademark fact directly from the USPTO The United States Patent and Trademark Office (USPTO) is a fee-funded agency of the U.S. Department of Commerce. The role of the USPTO…
Engage the Lanham Act Survey Experts Download the Lanham Act Click Here Lanham Act Sec. 10. Assignment [15 U.S.C. ß 1060] (a) A registered mark or a mark for which an application to register has…
Each of the 13 federal courts of appeal have their own test for evaluating whether a likelihood of confusion exists between two trademarks. Although the tests are not identical, most of them are substantially similar and use many of the same factors. And the factors are non-exclusive.
Likelihood of Confusion Grounds for a PTO Mark Refusal The USPTO may be required to refuse registration of a mark on numerous grounds. One reason is there is a “Likelihood of Confusion” as to the…
Are Two Marks Similiar? How to analyze similarities Sound If two trademarks sound the same, they may be considered similar. However, there is no proper or correct way to pronounce a trademark. The logic behind this…
Review trademark law basics Table of Contents What is a trademark? What sources of law govern trademarks? What prerequisites must a mark satisfy in order to serve as a trademark? How do you acquire rights…
Experts can help throughout your entire case Your expert witness can help in many ways, provided they have the right expertise and experience. Ms. Harper is routinely counted on by attorneys throughout the case…