<em> Naterra Int’l, Inc. v. Bensalem </em>
The Federal Circuit vacated the Trademark Trial and Appeal Board’s denial of Naterra’s cancellation petition because the Board erred in their decisions regarding the first and third DuPont factors.
No Redemption for This Whiskey Bottle
Diageo, brand owner of Bulleit bourbon, recently defended its victory against W.J. Deutsch & Sons, owner of Redemption whiskey. The lawsuit claimed that the round shouldered “canteen-style” bottle utilized by Redemption was similar to the designed used by Diageo.
<em>Cosmic Crusaders LLC v. Andrusiek</em>
The Federal Circuit Court ruled in favor of affirming the Trademark Trial and Appeal Board in their decision that Andrusiek had sufficient prior use of the same mark that Cosmic Crusaders had registered, thus cancelling Cosmic Crusaders’ registration
<em>Bad Elf, LLC v. Flex Ltd.</em>
The Federal Circuit determined that the Trademark Trial and Appeal Board (“TTAB”) erred in its likelihood of confusion analysis and remanded a case to reconsider its application of the conceptual and commercial strength DuPont Factor in light of Spireon.
Dunkin’ v. Vapin
Dunkin filed a suit against an e-cigarette company’ for infringing Dunkin’s trademark. Dunkin’ asserts that the e-cigarette company “Vapin” essentially took Dunkin’s style and color from their trademark and replaced the word “Dunkin’” to “Vapin.” This case has the potential to help show a clear case of what the likelihood of confusion analysis of trademark infringement looks like.