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Archive | Likelihood of Confusion


Virginia Appellate Court reverses Summary Judgment Against Google for Key Word Advertising

In April 2012, the U.S. Court of Appeals for the Fourth Circuit decided the keyword advertising case Rosetta Stone Ltd. v. Google Inc. 676 F.3d. 144 (4th Cir., April 9, 2012). The plaintiff-appellant, Rosetta Stone, appealed from a judgment of the U.S. District Court for the Eastern District of Virginia. In its opinion, the Fourth […]

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Federal Circuit Upholds TTAB’s Finding of Abandonment of’s LENS Mark

On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case, Inc. v. 1-800 Contacts, Inc.  In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of’s […]

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Federal Circuit: Evidence Collected After ITU TM App Filed is Relevant to Likelihood of Confusion

  On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an […]

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JibJab takes Jab at White Castle for Trademark Infringement

On May 14, 2012, JibJab Media Inc. filed suit in federal court in California against White Castle for “Trademark infringement and unfair competition. . . .” (See USPTO JibJab Trademark Record here). JibJab Media Inc. is the company that runs the very popular media website that is, perhaps, best known for its political parody videos […]

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