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Battle of the eagles: Trademark infringement and ‘indirect’ confusion

If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.

By Laura Morrish,
Battle of the eagles: Trademark infringement and ‘indirect’ confusion
Publications

Unitary Patent FAQs

The route to implementation of the proposed Unitary Patent system promised has been far from easy. With it now projected to come into effect in mid-2022, we set out the answers to some frequently asked questions in our latest white paper 'The Unitary Patent: A practical guide'.

Unitary Patent FAQs
News & opinion

Trademarks and cultural associations

Brand name and trademark selection are often associated with navigating potential infringement and opposition risks. Nevertheless, the consideration of local linguistic and cultural sensitivities is also part of the process, and a recent social media spat reminds us that cultural appropriation is a strong element of this, explains UK Trademark Attorney Luke Portnow.

By Luke Portnow,
Trademarks and cultural associations

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