Trademark Law Briefs

2007 US App LEXIS 29871 (9^th Cir 2007).  Decided December 28, 2007

Ruling: A trademark registration is prima facie evidence of the validity of a trademark and whether defendant has used the mark on the goods specified in the registration is irrelevant in establishing Plaintiff’s protectable interest.  If there is a protectable interest, the next question is whether Defendant’s use of the mark creates a likelihood of confusion. (more…)

2007 US Dist LEXIS 92905 (CD CA 2007).  Decided December 18, 2007

Ruling: Recent consumer surveys conducted by a plaintiff mark holder are not relevant as to the commercial impression of the mark at the time that the defendant adopted the mark. (more…)