Fashion Knock-offs

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

• Fashion knock-offs result in consumer confusion

  A boutique high-fashion house that caters to a select market comprised largely of entertainment (and related) industry consumers finds that a competitor has put out a line of apparel closely mimicking its styles and importantly, using product labeling that duplicates its own.  Carefully conducted in-depth interviews with the affected population revealed a significant likelihood of confusion both in response to the product labeling as well as in connection with product design features.  The parties came to a negotiated settlement.

• 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