We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 1,457

Do Amazon.com’s search results constitute trademark infringement?
  • McDermott Will & Emery
  • USA
  • August 27 2015

Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search


What does it take to trademark your name?
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing the question of when a professional name can be protected as a trademark, the U.S. Court of Appeals for the Eleventh Circuit found that


“Initial interest confusion” trademark doctrine still has legs in Ninth Circuit
  • Nutter McClennen & Fish LLP
  • USA
  • August 26 2015

The doctrine of “initial interest confusion,” scorned by many legal commentators and rejected by numerous courts, is alive and well in the


'Initial interest confusion' in Amazon case is troubling
  • McCarter & English LLP
  • USA
  • August 11 2015

Though unusual, a line of controversial cases have held that trademark claims can be based on "initial interest confusion," in which the use of brand


The Katten Kattwalk - Summer 2015
  • Katten Muchin Rosenman LLP
  • USA
  • July 30 2015

The US Court of Appeals for the Federal Circuit recently addressed whether an applicant has “used a trademark in commerce” if the applicant offered a


"Want Coke? Buy Pepsi!” is this confusing?
  • McCarter & English LLP
  • USA
  • July 27 2015

Suppose you walk into a greasy cheeseburger joint and ask for a Coke. A cook who looks remarkably like the late John Belushi doesn't say, "No


Ninth Circuit: Amazon’s customer - generated search function could create trademark infringement liability
  • Gordon & Rees LLP
  • USA
  • July 15 2015

In a recent decisionMulti-Time Machine, Inc. v. Amazon.com, Inc., et al., D.C. No. 2:11-cv-09076-DDP-MANthe Ninth Circuit Court of Appeals held


Ninth Circuit finds initial interest confusion may result from Amazon search results
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • July 14 2015

On July 6, 2015, a Ninth Circuit panel majority revived the ailing theory of "initial interest confusion" in reversing a lower court's finding of


The Ninth Circuit considers trademark liability in the internet search context
  • Arnold & Porter LLP
  • USA
  • July 14 2015

Search engines have become essential tools for consumers as they look for products and make purchases online. On July 6, 2015, the US Court of


Hanginout voluntarily dismisses trademark suit, but must pay Google’s litigation costs
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • July 6 2015

On June 23, 2015, the Southern District of California agreed to let social media company Hanginout, Inc. voluntarily dismiss its trademark suit