Tag: likelihood of confusion
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Deltona v. NOCO: Keyword Bidding, Source Confusion, and the Limits of Trademark Control
The Eleventh Circuit’s published decision in Deltona Transformer Corp. v. The NOCO Co., No. 24-13590 (11th Cir. Aug. 4, 2026), does more than add another appellate case on competitive keyword advertising. It separates several questions that Internet trademark cases often collapse: whether buying a rival’s mark as an advertising trigger is actionable trademark use, whether…
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Fuente v. Vaporous: Federal Circuit Holds Mark Similarity Can Control the DuPont Analysis
The Federal Circuit’s decision in Fuente Marketing Ltd. v. Vaporous Technologies, LLC, Case No. 24-1460 (Fed. Cir. Apr. 8, 2026), offers a useful reminder that trademark disputes are not scored by tallying factors. Even where most of the DuPont factors favor likelihood of confusion, a sufficiently strong distinction between the marks themselves can still control…
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Dollar Financial v. Brittex: Trademark Cancellation on Priority, Likelihood of Confusion, and the Zone of Natural Expansion
In Dollar Financial Group, Inc. v. Brittex Financial, Inc., the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) partial cancellation of two MONEY MART trademark registrations, addressing critical issues in trademark law, including priority of use, the likelihood of confusion, and the limitations of the zone of natural expansion doctrine. This case highlights…
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Trademark Showdown: Bullshine Distillery v. Sazerac Brands and the FIREBALL Controversy
On March 12, 2025, the Federal Circuit handed down its decision in Bullshine Distillery LLC v. Sazerac Brands, LLC, a case that highlights fundamental principles in trademark law, particularly the concepts of genericness and likelihood of confusion under the Lanham Act. The court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that Sazerac’s FIREBALL…