Overview: U.S. Circuit Judge Timothy Dyk issued a criticism of the TTAB in a decision handed down in a trademark dispute between GPS companies. Flexing Facts Flex Ltd. provides logistics management services; Bad Elf LLC...
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Trademark Infringement: Taco Bell wants Taco Tuesday to Live Más
Taco Bell has filed a petition to vacate the trademark for “Taco Tuesday,” registered in the 1980s by Wyoming-based restaurant chain Taco John’s. Might consumer surveys be used to determine whether Taco Tuesday is protected?...
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The Great Gruyere Debate
Europe has a centuries-old cultural and legal history of protecting goods produced in certain regions. For example, it is illegal in countries that have signed certain treaties to market sparkling wine as “champagne” unless it...
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Supreme Court Concurrence Raises Potential Concern About Permission Questions in Likelihood of Confusion Surveys
On June 8, the U.S. Supreme Court released a ruling with comments relevant to likelihood of confusion surveys. In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the maker of Jack Daniel’s brand whiskey sued...
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AI-Generated Art or AI-Generated Infringement? The Next Frontier for Likelihood of Confusion Surveys
In mid-April, a new song called “Heart on My Sleeve” was released, featuring R&B stars Drake and The Weeknd. Unsurprisingly for a track involving two well-known recording artists, the song became an overnight viral sensation. ...
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