The CAFC explained that 'failure to prove instances of actual confusion is not dispositive against a trademark plaintiff, because actual confusion is hard to prove.'
The owners of the multibillion-pound James Bond franchise are fighting a legal challenge in Europe to maintain control over trademark rights related to the iconic character.
In light of the fame, acquired goodwill, and overall consumer recognition of the phrase Cloobeck is seeking to patent, he is very concerned that the public will likely be confused...
Messier's legal bid to control the fleur-de-lis symbol from the New Orleans Saints was rejected due to lack of standing and insufficient evidence of commercial interest.
In the case of Heritage Alliance, the Federal Circuit upheld the TTAB's decision, stating that the terms 'iVoterGuide' and 'iVoterGuide.com' were deemed highly descriptive and did not achieve distinctiveness.
"We really like the Grok name, but we don't have the financial power to compete with an $80bn company. Even if Coca-Cola let another smaller beverage company use the Coke name, the smaller Coke would never be able to get anywhere given the sheer ubiquity of the bigger Coke. That's what we're facing here."
Allied Van Lines alleges that Allied Van Lines Moving and Storage is infringing on its trademark by using the name to entice customers with false promises, ultimately harming its brand.
The Utah Hockey Club's journey to find a permanent team name has been challenging as they navigate trademark issues and fan expectations, with 'Utah Mammoth' and 'Utah Hockey Club' as current contenders.