Case law, Likelihood of confusion, United States

(Wolters Kluwer Legal & Regulatory)/ /Leave a comment

If the third-party marks and opposer’s marks are identical, the opposer’s marks and the applicant’s marks are compared to see if they are identical or non-identical for identical goods or services. The U.S. Court of Appeals for the Federal Circuit affirmed in part and vacated in part a decision by the Trademark Trial and Appeal…

(Preliminary) Injunction, Case law, United States

(Wolters Kluwer Legal & Regulatory)/ /Leave a comment

The district court erred in considering the failure to produce evidence of actual confusion at this preliminary stage, but the error did not affect the outcome. The U.S. District Court for the District of Delaware correctly denied a preliminary injunction after it concluded that the trademark holder failed to provide evidence of irreparable harm in the absence…