Likelihood of Confusion

The Role of Consumer Uncertainty in Trademark Law: An Experimental and Theoretical Investigation

Barton, Germano, Roy, and Sprigman.

From the abstract:

Nearly every important issue in trademark litigation turns on the question of what consumers in the marketplace subjectively believe to be true. To address this question, litigants frequently present consumer survey evidence, which can

Reflex Media operates online dating websites such as SEEKING ARRANGEMENT.  Seeking Arrangement uses the term ‘Sugar Daddies’ to describe its target customers.  Its taglines RELATIONSHIPS ON YOUR TERMS and MUTUALLY BENEFICIAL RELATIONSHIPS are part of its coy branding.

Defendant RichMeetBeautiful (hmmm, a little too-on-the-nose) allegedly used plaintiff’s taglines, but also copied various profile descriptions.

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context health

Plaintiff Guthrie operates medical facilities, Defendant ContextMedia provides a digital network for advertiser (read: pharma)-sponsored medical information displayed on screens in doctors’ offices. Plaintiff operates in the Twin Tiers region, which is Southern New York and Northern Pennsylvania. Defendant operates in all 50 states. At the District Court level, Defendant was enjoined from doing business

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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.