David Lilenfeld Blog The intellectual property blog of David Lilenfeld

31Jan/16437

Likelihood of Expansion — factor in likelihood of confusion

By David Lilenfeld on January 31, 2016

In some circuit courts, likelihood of expansion is a factor in the likelihood of confusion analysis.  Here is the likelihood of expansion portion from the Clearly Canadian opinion.

6.  Likelihood of expansion

Clearly Food claims that it intends to release a sparkling tea beverage in the United States that will overlap with the Clearly Kombucha product. (Mot. at 24. (citing Khan Dep. at 106-08). ) However, Clearly Food fails to provide any supporting evidence for that assertion. The pages of Mr. Khan’s deposition to which Clearly Food cites do not discuss expansion plans into sparkling tea beverages or otherwise. (See Khan Dep. at 106-08 (discussing whether Mr. Kahn believed Clearly Canadian-branded air fresheners would infringe his company’s trademark).) “[M]ere speculation is not evidence.” Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 634 (9th Cir. 2005). Clearly Food’s “complete inability to adduce any concrete evidence of expansion plans tilts this factor in favor of” Top Shelf. Id. (David Lilenfeld: this seems like an evidentiary issue, not legal. Clearly Food probably had the plan, but evidence of those plans did not make it into the record).

 

Comments (437) Trackbacks (2)
  1. Excellent weblog here! Also your website a lot up very fast!

    What web host are you using? Can I am getting your associate hyperlink to your host?
    I want my web site loaded up as fast as yours lol

  2. If some one wants expert view regarding running a blog afterward i
    propose him/her to pay a quick visit this blog,
    Keep up the fastidious job.

  3. When I initially commented I appear to have clicked the -Notify
    me when new comments are added- checkbox and now each time
    a comment is added I recieve four emails with the same comment.
    Perhaps there is a way you are able to remove me
    from that service? Cheers!

  4. I’m not that much of a internet reader to be honest but your
    sites really nice, keep it up! I’ll go ahead and bookmark your website to come back later on. Cheers

  5. Nice blog! Is your theme custom made or did you download it from somewhere?
    A design like yours with a few simple tweeks
    would really make my blog jump out. Please let me know where you got your design. Many thanks

  6. Nice post. I was checking continuously this blog and I am impressed!
    Very useful info specifically the last part :) I
    care for such info a lot. I was seeking this particular info
    for a long time. Thank you and good luck.

  7. Cool blog! Is your theme custom made or did you download it from somewhere?
    A design like yours with a few simple adjustements would really make my blog jump out.
    Please let me know where you got your design. Appreciate
    it

  8. Hmm is anyone else experiencing problems with the pictures on this blog loading?

    I’m trying to determine if its a problem on my end or if
    it’s the blog. Any feedback would be greatly appreciated.

  9. Yes! Finally someone writes about gamefly free trial.

  10. After looking over a handful of the articles on your
    website, I seriously appreciate your technique of writing a
    blog. I book-marked it to my bookmark site list and will
    be checking back in the near future. Please check out my web
    site too and tell me how you feel.

  11. Heya i am for the first time here. I found this board and I find It truly useful & it helped me out much.
    I hope to give something back and aid others like you aided me.

  12. Hi to all, it’s in fact a fastidious for me to pay a quick visit this site,
    it contains precious Information.

  13. Hello! This post couldn’t be written any better! Reading this
    post reminds me of my old room mate! He always kept talking about this.
    I will forward this post to him. Fairly certain he will have a good read.
    Many thanks for sharing!

  14. At this time I am going to do my breakfast, afterward having my breakfast coming again to read
    more news.

  15. Hey I know this is off topic but I was wondering if you knew of any widgets
    I could add to my blog that automatically tweet my newest twitter updates.
    I’ve been looking for a plug-in like this for quite some time and was
    hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything.
    I truly enjoy reading your blog and I look forward to your new updates.

  16. I don’t even know how I ended up here, but I thought this post was great.
    I do not know who you are but certainly you are going to a famous blogger
    if you aren’t already ;) Cheers!

  17. Howdy just wanted to give you a quick heads
    up. The words in your article seem to be running off the
    screen in Safari. I’m not sure if this is
    a formatting issue or something to do with internet browser compatibility but I figured
    I’d post to let you know. The design and style look
    great though! Hope you get the problem solved soon. Cheers

  18. I have read so many articles or reviews on the topic of the blogger
    lovers except this paragraph is in fact a good post, keep it up.

  19. Just desire to say your article is as astonishing.

    The clarity in your publish is just spectacular and that i could assume you’re
    an expert on this subject. Well together with your permission allow me to seize your feed to stay
    up to date with imminent post. Thank you 1,000,000 and please continue the enjoyable work.

  20. Hello there, You have done an incredible job.
    I’ll certainly digg it and personally recommend
    to my friends. I am sure they’ll be benefited from this website.

  21. Amazing! Its in fact amazing article, I have got much clear
    idea regarding from this article.

  22. Hi, I do think this is an excellent website. I stumbledupon it ;
    ) I am going to return yet again since i have saved as a favorite it.
    Money and freedom is the greatest way to change, may you
    be rich and continue to help others.

  23. Do you have any video of that? I’d care to find out
    some additional information.

  24. Hurrah! At last I got a blog from where I know how to actually take useful facts regarding my study and
    knowledge.

  25. Appreciating the time and energy you put into your website and detailed information you offer.
    It’s great to come across a blog every once in a while that isn’t the same
    unwanted rehashed material. Excellent read! I’ve bookmarked your site and I’m
    including your RSS feeds to my Google account.

  26. What a information of un-ambiguity and preserveness of valuable knowledge about unexpected emotions.

  27. Ahaa, its nice discussion about this piece of writing here at this web site,
    I have read all that, so now me also commenting here.

  28. What i don’t understood is if truth be told how you are no longer
    actually much more neatly-appreciated than you may be now.
    You’re so intelligent. You already know thus considerably on the subject of this subject,
    produced me personally believe it from a lot of various
    angles. Its like men and women aren’t involved except
    it is one thing to accomplish with Woman gaga! Your own stuffs great.
    Always deal with it up!

  29. Do you mind if I quote a couple of your posts as long as I provide credit
    and sources back to your webpage? My blog is in the exact same niche as yours and
    my visitors would genuinely benefit from some of the information you provide here.
    Please let me know if this okay with you. Many thanks!

  30. I every time used to read piece of writing in news papers but now as I am a user of internet so from now I am
    using net for content, thanks to web.

  31. It’s great that you are getting thoughts from this
    piece of writing as well as from our dialogue
    made here.

  32. naturally like your web-site however you need to test the spelling on several of your
    posts. A number of them are rife with spelling problems and
    I to find it very troublesome to tell the reality however I’ll certainly come back again.

  33. Hi my loved one! I wish to say that this article is amazing,
    nice written and come with almost all vital infos. I would like to peer extra posts
    like this .

  34. If some one wishes to be updated with most up-to-date technologies then he must be pay a quick visit this site and be
    up to date every day.

  35. For most up-to-date news you have to go to see web and on web I found this web site
    as a best web page for most up-to-date updates.

  36. This information is invaluable. When can I find out more?

  37. A fascinating discussion is worth comment. There’s no doubt that that you ought to publish more about this subject, it may not be a taboo subject but
    usually people do not talk about these subjects. To the
    next! Kind regards!!


Leave a comment


*

Go to top ↑
-->