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16 Dec 2010, 1:54 pm by Bexis
  It confuses juries with masses of plaintiff-specific facts and invites averaged verdicts (more about that to come). [read post]
31 Jan 2023, 3:08 pm by Moll Law Group
Understandably, parents may be confused about whether their children’s pajamas were subject to the recall. [read post]
21 Mar 2012, 3:23 am by John L. Welch
Accordingly, we find that the parties’ goods are sufficiently related for purposes of our likelihood of confusion analysis, and this factor weighs in favor of opposer.As to trade channels, cosmetics and beverages move through supermarkets, drug stores, and mass merchandisers. [read post]
30 Jul 2022, 10:24 am by Bruce Clark
Rachael’s Food Corporation, a Chicopee, Mass. establishment, is recalling approximately 2,246 pounds of ready-to-eat meat and poultry wrap products that may be adulterated with Listeria monocytogenes, the U.S. [read post]
23 Apr 2011, 4:49 am by RT
If it’s part of the product, way of making product dynamic over time, we are (or should be) out of TM’s domain. [read post]
10 Jun 2010, 2:59 am
With terms such as extra virgin, light, with lemon, unfiltered, cold-pressed, the variety is endless, and understandably confusing. [read post]
2 Jan 2014, 6:13 am by Rebecca Tushnet
  Product relatedness also favored confusion.Defendant argued that it sold to the mass market, including large retailers such as Target, while plaintiff sold to the premium market in salons only. [read post]
29 Apr 2010, 9:28 pm by Rebecca Tushnet
Because defendants alleged literal falsity, they did not need to provide evidence of actual confusion. [read post]
11 Mar 2011, 12:00 pm by Venkat
This can cut both ways, and for purposes of arguing confusion, just arguing that products or services are offered via the internet or on social networks is not necessarily going to be enough. [read post]
17 Jul 2015, 8:02 am by Eric Goldman
It potentially implicates a wide variety of standard, well-accepted, and socially beneficial retailing practices, such as the sale of house-branded products that are similarly labeled to, and positioned immediately adjacent to, mass-marketed products. [read post]
14 Feb 2017, 8:41 am by Rebecca Tushnet
The court gave a very broad reading to the intent factor, ruling that “[a] jury could reasonably infer that Secard intended to confuse consumers by improving upon Plaintiff’s pre-existing product with a similarly-named product. [read post]
9 Aug 2009, 11:31 pm
The site promotes the products with claims like, “MASS Xtreme is perfect if you are focused on adding muscle mass, power and strength to your physique,” and “ESTRO Xtreme… You get two estrogen blocking effects in one fantastic product! [read post]
15 Aug 2011, 2:35 pm by info@thomasjhenrylaw.com
Nine mosquito pools in Allen County, Indiana have tested positive for West Nile virus, prompting county officials to order a mass spraying of the infected areas. [read post]
11 May 2022, 2:32 pm by Giorgio Luceri
 TRADE MARKSCertain non-agricultural products originating from a specific geographical area and known for their qualities (e.g. [read post]
12 Mar 2013, 6:20 am by Bexis
One thing we know about mass torts, through years of experience, is that for lots of reasons most individual cases in any given mass tort are poor, as in weak. [read post]
18 Feb 2008, 8:33 am
But, the court held, "[w]here actually surveyed products and subsequently accused products share common and prominent features, a trademark infringement plaintiff need not create new likelihood of confusion surveys for each newly accused product. [read post]