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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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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Copyright Infringement in Fashion: ‘Not So Fast,’ Says Fast Fashion House Zara
Overview The Zara fashion brand filed a trademark infringement suit against Thiliko for marketing items manufactured by Zara as its own and using Zara marketing materials as its own. How can consumer surveys make or...
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