Likelihood of Confusion Blog

Spam hope?

Reuters reports: A Shenzhen company has been fined for sending bulk junk email in what is believed to be the first case of its kind... Read more

Hormel canned

The evidence shows that “spam,” in addition to being petitioner’s trademark, has a well-recognized meaning as a generic term for unsolicited commercial email; the term isused by consumers, the media, Congress, state legislatures and those who sell solutions for such unwanted email. Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à-vis respondent’s use of the term as part of the mark SPAM ARREST for computer software designed to eliminate unsolicited commercial email. Read more