Skip to content
  • Patent Blog
  • Jobs

  • logo

  • Ethics
  • Journal

America's leading patent law source

Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions

November 17, 2023Patentpaid, TrademarkDennis Crouch

To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.

Login

About Dennis Crouch

Law Professor at the University of Missouri School of Law. View all posts by Dennis Crouch →

Post navigation

← 14,000 Words to Win It: Why Medtronic’s Appeal Strategy Backfired Further Thoughts on Patent Eligibility and Predictability →

Patently-O Authors

Dennis Crouch
Professor, University of Missouri School of Law
SSRN Articles
Follow Dennis on LinkedIn
Jason Rantanen
Professor, University of Iowa College of Law
SSRN Articles
Occasional guest posts by IP practitioners and academics

Patently-O Tools

NEW: Patently-O Paid Membership
Join thousands of patent law professionals

Manage your Account
Reset your password, Manage Subscriptions, Force logout.

Free Daily E-Mail
About 25,000 individuals now receive Patently-O via e-mail each morning.

Find a patent job
We regularly post top patent jobs from leading firms, corporations, and government and educational institutions.

Submit a patent job
Find a patent professional among the 15,000+ monthly visitors of the job board, many of whom are patent professionals at large firms and corporations.

Request a Free Membership
Students, professors, judges and their clerks, and folks making <$75k annual income all qualify.

Categories

Recent Patent Posts

  • Mass joinder: Falling apart in the NDIL?
  • Price Quote’s Written Acceptance Requirement Fails to Shield Patents from On-Sale Bar
  • Institutional Stonewalling: The Federal Circuit’s Silent Treatment Through Rule 36
  • Making Changes: (Negative) Impact of Rewriting the Provisional Specification
  • Reset Password
  • Dual Sanctions: Courts Can Layer Inherent Power Sanctions on Top of ยง 285 Awards
  • A Hole in the Whole: Federal Circuit Makes Inherency an Easier Path to Obviousness
  • The Federal Circuit’s Blind Spot: ParkerVision and the Problem of Invisible Reasoning
  • Expert Witness Ethics and Economics: Unpacking the Federal Circuit’s En Banc Review of Damages Testimony in EcoFactor v. Google
  • USPTO Withdraws Controversial Terminal Disclaimer Rule – But Core Issues Remain

Popular Tags

Abstract Idea Affirmed Without Opinion ai AIA Trials anticipation Broadest Reasonable Interpretation Claim Construction Copyright Damages design patent double patenting DTSA Enablement en banc Federal Circuit Federal Circuit En Banc First to Invent Historical Cases Inequitable Conduct inventorship IPR Licenses Marking motivation to combine obviousness Oil States paid patent eligibility patent infringement patent law patent litigation patent prosecution Personal Jurisdiction PGR Printed Publication reasonable expectation of success Section 101 Subject Matter Eligibility Supreme Court Trademark Trade Secrets USPTO USPTO Director Venue Written Description

Archives

Contact Us

  • E-mail Dennis Crouch
  • E-mail Patently-O Jobs
  • Submit a Job Listing