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Generally require less similarity for a likelihood of confusion finding when the parties’ goods or services are competitive (see, for example, Kos Pharm., Inc. v. Andrx Corp., 369 F.3d 700, 713 ...
The 11th U.S. Circuit Court of Appeals recently ruled that Amazon must face a jury trial regarding claims that its streaming device, Fire TV (also known as fire TV), infringes upon the trademark ...
The TTAB did find that factor one, the similarity of the marks, weighed in favor of likelihood of confusion, since the marks were “more similar than dissimilar as to appearance, sound ...
Addressing errors in the Trademark Trial & Appeal Board’s likelihood of confusion analysis in a cancellation action, the US Court of Appeals for the Federal Circuit vacated and remanded, holding ...
For determining whether there is a similarity – which will lead to a likelihood of confusion – between goods and/or services covered by trademarks subject to a conflict, the Nice Classification or the ...
Despite evidence of actual confusion and seemingly similar services, the US Court of Appeals for the Tenth Circuit upheld a district court’s noninfringement finding concerning two nearly ...
In Stock Polska sp zoo v EUIPO , the General Court has upheld a decision of the Fifth Board of Appeal of the EUIPO finding that there was a likelihood of confusion between the figurative mark LUBELSKA ...
In Top Tobacco LP v North Atlantic Operating Co Inc , the TTAB has refused to register the mark CLASSIC AMERICAN BLEND for tobacco and tobacco-related products based on the earlier mark CLASSIC ...
4. Similarity of the marks. "YOU FIT" and "FIT U" are very similar marks, in both sight and sound. In addition, both marks were used to market health clubs, further adding to potential confusion.
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