Trademarks can be so confusing. Is it ok to use the same trademark as someone else? A detailed analysis must be conducted before answering such a question. A great example of the type of analysis that occurs in trademark law can be found in the movie Coming to America.
Widerman Malek Law Blog
Trademark Refusal – Likelihood of Confusion
I’ve filed an application with the United States Patent and Trademark Office (USPTO) to register my trademark and I have received correspondence indicating that my registration of my applied for mark had been refused based upon a likelihood of confusion. What does this mean? One of the more popular rejections from the USPTO involves a […]
Proving Trademark Infringement in the Ninth Circuit
To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a […]
