A New Deference Standard: The Rebuttable Presumption of Validity for USPTO Trademark Likelihood-of-Confusion Determinations

Author:Lauren A. Taylor
Position::J.D. Candidate, The University of Iowa College of Law, 2018; B.S.E., Industrial Engineering, The University of Iowa College of Engineering, 2015
Pages:367-393
SUMMARY

Circuit courts are split on how much deference should be given to a United States Patent and Trademark Office ("USPTO") trademark likelihood-of-confusion determination during litigation under Lanham Act section 43(a)(1)(A). While some courts afford a substantial amount of deference to the USPTO's findings regarding a likelihood of confusion when it refuses to register a mark on the principal... (see full summary)


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