Tag Archives: Confusion

Likelihood of Confusion for Two Businesses In Operation for 40 Years

In re Guild Mortgage Company (Fed. Cir. 2019) Guild Mortgage’s above-pictured mark was refused registration was refused based upon a Trademark Trial & Appeal Board (TTAB) conclusion of a likelihood of confusion with the registered mark “GUILD INVESTMENT MANAGEMENT.” On … Continue reading

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Actual confusion provides evidence of irreparable harm

Home Comfort Heating and Air Conditioning, Inc. v. Ken Starr, Inc., 2018 WL 3816745, No. 18-cv-00469-JLS-DFM (C.D. Cal. Jul. 24, 2018)Home Comfort Heating & Air Conditioning provides HVAC services in Los Angeles County and the surrounding area; it asserted rights … Continue reading

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If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money–Select Comfort v. John Baxter

I’ve bashed the initial interest confusion doctrine for decades. It’s one of the worst doctrinal “innovations” in trademark law–ever. However, you might have noticed that I haven’t blogged many initial interest confusion cases recently. Why? Because the phrase rarely shows … Continue reading

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Fairness, Confusion Inversely Proportional

Originally posted 2012-09-20 12:58:13. Republished by Blog Post PromoterThe Appellate Law & Practice blog wantonly beckons me via a gratuitous link to here (thanks!), in […] Read more detail on Recent Advertising Law posts –

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Recent Critiques of Post-Sale Confusion: Is Materiality the Answer?

Kal Raustiala and Christopher Sprigman are well known as the authors of the book, The Knock-Off Economy: How Imitation Sparks Innovation (2012). In their new article, Rethinking Post-Sale Confusion, Raustiala and Sprigman level a critique at "post-sale confusion" theory that supports many … Continue reading

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