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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Vape Company’s Apportionment Argument Goes Up in Smoke
Summary: Vape Company’s Apportionment Argument Goes Up in Smoke A court in the Central District of California recently issued a decision that likelihood of confusion is not an appropriate measure for determining apportionment in a...
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Likelihood of Confusion Survey Starring Snoop Dogg, Dunkin, and Beyond Meat
Dunkin’ Donuts and Beyond Meat are being sued for trademark infringement over their slogan for their plant-based breakfast sandwich. “Great Taste, Plant-Based” is a catchy slogan, and rapper Snoop Dogg delivered the phrase at issue...
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Don’t Cry Over Spilled Milk: Lessons for Claim Substantiation Surveys from the NAD’s Malt-O-Meal Cereal Decision
In a recent decision, the National Advertising Division of the Better Business Bureau (NAD) recommended that the Malt-O-Meal Brands Company discontinue advertising relating to certain claims for breakfast cereals. The challenger was Post Foods.