Likelihood of Confusion

Here’s What Happened: “Dupes” are products that look and work like a popular item. In the cosmetic industry, dupes can give consumers on a budget access to products that they might not otherwise be able to afford.  Benefit Cosmetics LLC sells mascara using the trademark “Roller Lash” that includes an applicator known as a “Hook […]

Here’s What Happened: Alfwear Inc. sells outdoor clothing. In 1993, the company rebranded and started using the German word “kühl” meaning a cool temperature for its clothing line. Alfwear has used the trademark KÜHL ever since for its clothing and expanded related products like luggage, lip balm, mints, and posters. Alfwear also registered the word […]

Here’s What Happened:   In the 1970s, Laverne John Andrusiek created a comic book featuring the title character, Captain Cannabis. Starting in 1999, Laverne promoted his character in an anticipated adult animated comic book series at a trade show. Also in 1999, he registered the domain name captaincannabis.com for a website to promote the character […]

In Brief:  There’s a limit to how many permutations of a word can avoid a likelihood of confusion. Here’s What Happened:   Belgravia Wood Limited, a British Virgin Islands company, owns numerous trademarks, many of which involve Christmas lights (e.g. “Radian Micro LED”, “Greenwood Pine” and “Crystal Pine”). Belgravia has not always been successful in […]

In Brief:  Monster Energy couldn’t stop a Mad Monster Party. Here’s What Happened:   Monster Beverage Corporation, the maker of the Monster Energy drink, is a good example of extreme trademark enforcement. It is a well-known litigant both in the U.S. courts, before the Trademark Trial and Appeal Board and in courts all over the […]