Renamed Professional Association

Market Analysis                

• Judge Rules in favor of home appliance manufacturer in license dispute

False Advertising/Confusion

• Health products company succeeds in false advertising/trademark confusion case

Secondary Meaning

• Allegation of likelihood of confusion rests on erroneous assumption of secondary meaning of lapsed mark

• Consumer confusion and secondary meaning established at trial

Trademark Confusion

• Renamed professional association results in marketplace confusion

  A professional association operating in the United States and Canada alleged that a competing professional association had infringed their registered mark when the competitor re-named its organization.  Initial qualitative interviews in vivo revealed that professionals who were members or likely members of these associations considered there to be some affiliation between the organizations based on the similarity in the marks.  An online survey was conducted using appropriate control conditions and surveying the appropriate affected population.  The findings revealed significant levels of net confusion between the two marks.  A favorable settlement was reached prior to trial.

• Fashion knock-offs result in consumer confusion

• New brand introduction in healthcare industry results in consumer confusion

• Trade dress of over-the-counter dietary supplement blurs the distinction between house and national brands

Search Engine Issues

• Confusion due to search engine use of trademarked terms as keywords

• Contextual marketing practices confusing to consumers

Other Issues

• License-holder violates terms of license resulting in tarnishment of brand