One Definition and the Walls Come Down – District Court Dismisses Copyright Claim Based on Misclassified Cabinet Registration
Ian W. Gillies & Eric R. Blosser
A federal district court dismissed a copyright infringement claim on the grounds that the work in the asserted registration had been improperly classified under the Copyright Act. This case demonstrates that correct classification at the copyright application stage is critical to the enforceability of the registration.
Not All Mifflins Are Equal: When Commercial Impression Saves the Day
Even where goods are identical or closely related, the TTAB continues to place significant weight on differences in commercial impression. A mark’s meaning, whether driven by pop culture context or literal wording, can outweigh overlapping goods and shared features. This makes it critical to build a record around how consumers perceive the mark.
Va-Va-Voom? Not So Fast, Says the TTAB
Descriptive additions to composite trademarks, especially those disclaimed by the applicant, will rarely overcome a Section 2(d) likelihood of confusion where the dominant term is identical. Critically, arguments about a consumer’s perception of a mark must be supported by evidence in the record, not solely through a creative theory.
Priyanka Menon and Greg Phillips Explore Trader Joe’s and Smucker’s Trademark Dispute in Washington State Bar News Article
Priyanka Menon & Greg Phillips
In an article published in the Washington State Bar News, Knobbe Martens lawyers Priyanka Menon and Greg Phillips, together with Washington-based IP lawyer Allison R. Foreman, examine trademark and brand protection litigation in the food and beverage industry through the lens of a recent dispute between grocery chain Trader Joe’s and food manufacturer Smucker’s.
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