Trademark Law and Practice Update

Fitzpatrick Trademark Update - Spring 2016 Edition
May 20, 2016

The Spring 2016 edition of Fitzpatrick’s Trademark Law and Practice Update dives into the recent Fourth Circuit decision in Belmora LLC v. Bayer Consumer Care AG et al., which concluded that a false advertising/false association claim under the Lanham Act need not be premised upon ownership of a U.S. trademark registration, or even use of a trademark in theUnited States. The update also checks in on five recent precedential decisions from theTrademark Trial and Appeal Board which discussed issues such as fame in the context of dilution by blurring, the significance of foreign-language translations, whether consent agreements are dispositive on the likelihood of confusion issue, nonuse for purposes of abandonment, and whether the term “Houseboat Blob” is distinctive.

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