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 copyright, and one patent – is “limitation.” What does this mean? The various laws implicated by these opinions do not operate in a vacuum and work in …
Category: likelihood of confusion
8th 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.,[1] that defendant Block’s trademark was not likely to confuse consumers as to source of the registered service mark of plaintiff H&R Block. This was not a unanimous decision, and one dissent was lodged, noting that …
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.,[1] dealing with the more mundane aspects of proper filing procedures and rules of evidence. It also served as a reminder of the dangers of USPTO applicants …