The Sixth DuPont Factor: Third-Party Use and Registrations
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When the USPTO examines trademark applications or when courts assess potential trademark infringement, they rely on a multifaceted analysis to determine whether two marks are likely to cause consumer...
NFT I.P. Issues
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Non-fungible tokens (NFTs) have revolutionized digital ownership and created entirely new categories of intellectual property disputes. As these blockchain-based assets continue to evolve, they...
A Tale of Two Airports
The ongoing saga between two of the Bay Area’s major airports continues as Oakland International Airport (OAK) filed an appeal on December 12, 2024, on the order for preliminary injunction granted to...
Limitations of the 1st Amendment in Trademark Cases: the Dog Toy Case
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases – two trademark, one...
8<sup>th</sup> Circuit Holds One Block Does Not Infringe Another
On January 24, 2023, the Court of Appeals for the Eighth Circuit held in H&R Block, Inc. v. Block, Inc., that defendant Block’s trademark was not likely to confuse consumers as to source of the...
Fed Circuit Watch: Dangers of Pro Se Representation – Failure to Understand Procedural Rules
On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc., dealing with the more mundane aspects of...
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