Likelihood of confusion in infringement cases will never be the same!
A mark holder whose mark is found to cause a likelihood of confusion at the TTAB level, can also now have that determination applied against them in an infringement case, where they would be liable for damages and attorney’s fees, and could face an injunction preventing them from using their mark. Therefore, these actions should now be fought just as aggressively as one would in an infringement case…
This is another great blog post by one of our oldest and best clients; Leyendecker & Lemire partner Mr. Peter Lemire talks about a recent Supreme Court’s decision on adversary proceedings. The way these proceedings are prosecuted and argued can now have a profound effect on a subsequent infringement action.
Click here to see the whole story at LinkedIn
