Likelihood of confusion

aural similarity, Case law, conceptual difference, Distinctiveness, Infringement, Level of similarity of marks, Likelihood of confusion, Opposition, Similarity of marks, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

Of Sea Lions and SEAT Leons: Swiss Court Weighs in on Automobile Trademarks How different do “animal trademarks” need to be to coexist in the Swiss market? A recent decision from the Swiss Federal Administrative Court offers a compelling answer, resolving a dispute between SEAT S.A. and the trademark “Sea Lion” (fig.), both registered for…

Case law, Likelihood of confusion, United States

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

A Texas pawn shop operator had prior common law rights for similar marks and overlapping pawn services, making Dollar Financial’s MONEY MART marks likely to cause confusion. The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision partially canceling two of Dollar Financial Group, Inc.’s (DFG) registered…

aural similarity, EUIPO, General Court, Likelihood of confusion, phonetic similarity

(BomhardIP)/ /Leave a comment

v. By judgment of 30 April 2025, the General Court of the European Union upheld the decision of the First Board of Appeal of the EUIPO finding a likelihood of confusion between the two figurative trademarks “GEICAR” and “hey car select” (Case T‑338/24). The services at issue were car dealership, general business and marketing, and…

Case law, Likelihood of confusion, United States

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

The Trademark Trial and Appeal Board (TTAB) correctly found opposer’s mark highly descriptive, unsupported by sufficient evidence of acquired distinctiveness and ineligible for protection. The U.S. Court of Appeals for the Federal Circuit affirmed a TTAB decision dismissing an opposition filed by Heritage Alliance and AFA Action, Inc. against American Policy Roundtable’s (APR) application for…

(Preliminary) Injunction, Case law, Likelihood of confusion, United States

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

The plaintiff failed to show a likelihood of success on the merits of its trademark violation suit. The U.S. Court of Appeals for the Fifth Circuit upheld the district court’s denial of a preliminary injunction against property management company Rampart/Wurth Holding filed by Rampart Resources, a land and real estate services company. The appellate court…

Case law, Evidence, Likelihood of confusion, United States

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The Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB or the “Board”) decision to cancel a mark based on priority of use, despite the Appellant’s argument that an declarations to show an assignment of a mark lack foundation and are based on hearsay. The U.S. Court of Appeals for the Federal Circuit affirmed…

Case law, Confusion, Evidence, Likelihood of confusion, United States

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

Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of online consumers, the lack of evidence of actual confusion, and other factors weighed against finding that there was a likelihood of confusion from a personal injury…

Coexistence, Community Trademark, conceptual difference, cosmetic trademarks, Distinctive Character, Distinctiveness, EU trade mark law, EUTM, General Court, Likelihood of confusion, Similarity of marks, Trademark

(Lubberger Lehment) and (Lubberger Lehment )/ /Leave a comment

The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied for registration of the following sign as an EU trademark for cosmetic products (class 3), cosmetic utensils (class 21), corresponding retail services (class 35) and beauty…

Case law, EUIPO, General Court, Likelihood of confusion, weak marks

(BomhardIP)/ /Leave a comment

On 13 March 2024, the General Court (3rd and 7th Chamber) issued two judgments dealing with weak marks in the sense the most trademark practitioners applaud, namely granting descriptive elements in trademarks only a minimal scope of protection. In both cases, this led to the GC confirming the decisions of the Fifth Board of Appeal…

Case law, Likelihood of confusion, United States

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A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language word could not invoke the First Amendment to protect it against a trademark claim against the owner of that mark—even…