Trademark Blog » Likelihood of Confusion

Augusta National v MASTERS Video Game

Marty Schwimmer — Mon, 08 Aug 2011 15:40:54 +0000

Complaint Augusta Masters Videogame

Second Accordion Case In Three Years

Marty Schwimmer — Wed, 09 Mar 2011 15:50:00 +0000

Regular readers of The Trademark Blog know that Gabbanelli Accordions & Imports is not to be trifled with.

Complaint Gabbanelli

Springfield Wildcats v. Shelbyville Wildcats, con't

Marty Schwimmer — Wed, 22 Sep 2010 13:34:04 +0000

“Gators, Noles Take Teams To School Over Logos”

The University of Florida is chomping mad. And Florida State is on the warpath. The focus of their aggression? High school athletic departments the universities believe are infringing upon their Gator and Seminole logos.

Last week, Florida sent letters to two schools in Palm Beach County – both nicknamed the Gators – informing them they must change their logos because of trademark violations.

In August, Florida State contacted Southeast High School in Bradenton – the Seminoles – for the same reason.

Springfield Wildcat archives on school trademark disputes here.

FIRESIDE GLOW and FIRESIDE WARMTH Not Confusingly Similar For Air Fresheners

Marty Schwimmer — Wed, 15 Sep 2010 18:23:50 +0000

I agree with John at TTABlog. The Board’s decision that FIRESIDE GLOW is not confusingly similar to FIRESIDE WARMTH for identical goods, is surprising, and may be the result of ‘working the ref.’

SNOOKY v SNOOKI

Marty Schwimmer — Mon, 16 Aug 2010 13:36:19 +0000

Nicole Polizzi, TV’s SNOOKI, filed SN 77929985 for SNOOKI, covering books and class 41 ‘personal appearances.’ The appllication has now received a preliminary Section 2(d) refusal, citing reg 2844692 for ADVENTURES OF SNOOKY for a ‘series of children’s books.’ Coverage here.

Another LEVI'S Arcuate Lawsuit

Marty Schwimmer — Tue, 03 Aug 2010 18:55:44 +0000

Levi Strauss fiercely protects its ‘arcuate’ trademarks, the arch-like design on back pockets, etc. Revise Clothing received the registration above, received a demand letter from Levis, and now brings a declaratory judgement action.
Complaint Revise Vanilla Star Levis Arcuate Trademark

SOTHEBY'S v SOTHEBY'S MOVING AND STORAGE

Marty Schwimmer — Fri, 18 Jun 2010 22:13:37 +0000

Sotheby’s has a real estate brokerage operation in addition to its famous auction house.
Complaint Sotheby Moving

THUGPORN and TIGER TYSON v THUGBOY and TYSON

Marty Schwimmer — Thu, 17 Jun 2010 01:34:06 +0000

Complaint Thugporn Tiger Tyson

SMARTIES v SMARTIES: Ce De Candy Sues Amazon For Selling Nestles SMARTIES

Marty Schwimmer — Thu, 10 Jun 2010 05:54:17 +0000

The boundaryless Internet vs national rights systems. Owner of US trademark for SMARTIES for candy sues Amazon for selling Nestles SMARTIES which apparently are like M&Ms, according to WIkipedia. Coverage here.
Compaint Ce de Amazon Smarties

11th Circuit: SLASHER SHOW v SLASHER SHOW

Marty Schwimmer — Tue, 11 May 2010 05:19:05 +0000

Caliber produces SLASH IT sales events for auto dealerships. It has an incontestable registration for SLASH IT! SALES EVENT and another registration for SLASHER SALE. It provides materials and training, including ‘energizing’ for a dealer’s salesmen, so that they can ‘histrionically’ slash prices in front of customers. Defendant produced SLASHER SHOWS infomercials to sell cars. Defendant prevailed at summary judgment.
11th Circuit: District Court erred in not considering incontestable status of SLASH IT! SALES EVENT registration, nor did it properly consider evidence of actual confusion. Remand to trial.
Decision Caliber v Premier Slash It