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 confusion. The framework established in In re E.I. DuPont DeNemours & Co., sets forth thirteen factors to guide this inquiry. Among these, the sixth DuPont factor—examining …
Tag: likelihoodofconfusion
NFT I.P. Issues
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 present unique technical and legal challenges that traditional IP frameworks are still adapting to address. The recent Ninth Circuit decision in Yuga Labs, Inc. v. Ripps illustrates the I.P. issues, and …
Understanding the Doctrines of Natural Expansion and Tacking
A recent Court of Appeals for the Federal Circuit case sheds light on two little-known trademark doctrines: the doctrine of natural expansion and the doctrine of tacking. Both can be useful arguments in an ex parte application. However, both require very specific sets of facts in order to apply them properly in a response. In …