Trends In David-Vs.-Goliath Trademark Cases In 2013

Law360, New York (December 12, 2013, 7:01 PM EST) -- Reverse confusion claims exist to protect “the small senior user from losing control over its identity in ‘the rising tide of publicity associated with the junior mark.’” Recent reverse confusion cases, though, show that federal courts are not always quick to extend protection. In the past year, small senior users alleging reverse confusion against large companies have been on the losing end of decisions in most reverse confusion cases.

Infringement allegations, whether they focus on forward or reverse confusion, are fact-intensive inquiries; trends are not easily...
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