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Law 227: Trademarks & Unfair Competition

Law 227: Trademarks & Unfair Competition. Likelihood of Confusion II June 11, 2009 Jefferson Scher. TM & Unfair Comp — Day 4 Agenda. LOC Factors Applied Other Infringement Scenarios Initial interest confusion Post-sale confusion Reverse confusion Judging Use of Marks in Context

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Law 227: Trademarks & Unfair Competition

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  1. Law 227: Trademarks &Unfair Competition Likelihood of Confusion IIJune 11, 2009Jefferson Scher

  2. TM & Unfair Comp — Day 4Agenda • LOC Factors Applied • Other Infringement Scenarios • Initial interest confusion • Post-sale confusion • Reverse confusion • Judging Use of Marks in Context • Effect of “house mark”, “trade dress”

  3. Likelihood of ConfusionQuiz • Surprise Quiz • Please take 10 minutes to answer, we will discuss at the end • In Question 3, “good” and “bad” mean “likely to be persuasive” and “not likely to be persuasive,” respectively • Open book; no impact on your grade

  4. GALLO Wide variety of California wines CONSORZIO DEL GALLO NERO + Black Rooster Italian chianti LOC Found ROBERT PEPI COLLINE DI SASSI California-made Sangiovese blend COL-DI-SASSO Italian-made Sangiovese blend No LOC Found Likelihood of ConfusionA Tale of Two Wine Cases Why?

  5. Likelihood of ConfusionE&J Gallo Winery v. Consorzio del Gallo Nero • 2. Similarity of marks

  6. Likelihood of ConfusionConfusion Scenarios — Post-Sale • Mastercrafters v. Vacheron • What is the protectable mark? • Clock’s distinctive appearance

  7. Likelihood of ConfusionJudging Trademarks in Context • House Marks

  8. TM & Unfair Comp — Up NextTopics and Reading for Day 5 • Blue Team “On” • Reading • Infringement and Incontestability • Ch 6, pp. 433-49; Supp pp. 49-50 (opt) • “Classic” Fair Use — Ch 6, pp. 449-62 • “Referential” Fair Use • Ch 6, pp. 462-467; Ch 12, pp. 826-838 • Laches — Ch 6, pp. 467-70

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