The settlement, signed on 20 March, 2015, included an order for DeLUX and ASTONA to cease and refrain from using their NOME mark due to the confusing similarity
to the DuPont Nomex brand.
What's interesting from a practitioner standpoint is the Board's discussion of the doctrine of foreign equivalents, under which foreign words from common languages are translated into English to determine the similarity of connotation, to ascertain whether there is confusing similarity
with English word-marks.
A third common theory for a finding of confusing similarity is that a <trademarksucks.
More recently, panels are increasingly holding that there is no confusing similarity between the mark TRADEMARK and the domain name <trademarksucks.
There was a similar reaction after Vasks' Dona Nobis Pacem, a powerful, simply constructed, gradually building repetition of this simple and concise prayer for peace, masterfully shaped by Vass (such a confusing similarity
of names) conducting the resonant Joyful Company of Singers and the PFO on Saturday evening.
The judge confirmed that the bubbles themselves were distinctive enough to qualify for trade mark protection and that there was some confusing similarity
caused by 3's use of the bubbles.
23) As a result, the court's focus in its similarity of marks inquiry was upon the confusing similarity of non-generic elements.
Dissimilar dominant components of two trademarks may dispel any confusing similarity between the two marks.
The Second Circuit added that, in assessing the similarity of the marks at issue, "Courts should keep in mind that the law requires only confusing similarity
, not identity" between the marks and that a side-by-side comparison is not the appropriate standard.
Even after registration, a procedure known as a "Cancellation Action" may be raised to cancel a trademark registration on the basis of it being confusing similarity
with a prior owned trademark.