Tag: Trademark
-
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…
-
Crocs v. ITC: One Commission Decision Can Trigger Two Appeal Deadlines
The Federal Circuit’s decision in Crocs, Inc. v. International Trade Commission, Case No. 2024-1300 (Fed. Cir. Jan. 8, 2026), illustrates a jurisdictional trap in Section 337 proceedings: different portions of the same Commission determination can become final, and therefore appealable, at different times. The court dismissed as untimely Crocs’s challenge to a no-violation determination while…