by Kathleen Lynch | Mar 2, 2016 | Entrepreneurship, Innovation, Start Up Considerations, Trademark Service Mark
A European General Court recently denied the Coca-Cola Company European Community trademark protection for the shape of its new bottle design. European Community trademark protection provides trademark rights to the owner throughout all European Union member states.
The bottle design was determined by the court to lack distinction. In fairness, protection of a shape in the EU is difficult to prove. The shape must be shown to be recognizable by consumers by shape alone. Coke failed to meet its burden of proof in this situation.
Here, Coke revamped its bottle design and made it less distinctive than previous designs, which were protected by EU Community trademark registration. In an effort to modernize their product packaging, Coke may have drifted away from its recognizable bottle shape.
What’s the take away here? For any company, protecting the shape of a product through trademark registration is a challenge. The shape must be sufficiently distinctive to enable consumers to recognize the product over the competition. If your organization is going to go down that route, be sure to create a sufficiently distinctive product that is recognizable by your customers over the competition.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Feb 16, 2016 | Trademark Service Mark
If you want to be a superhero, you’re going to have to create your own logo. In a recent California court case, DC Comics v. Mad Engine, Inc., the court refused to dismiss an action brought by DC Comics against Mad Engine for trademark infringement. Mad Engine was selling t-shirts with a “dad” logo in red and yellow on a blue shirt. The logo was a five-sided shield similar is style to the Superman “S” that appears in DC Comics books and movies.
Mad Engine asked the court to dismiss the lawsuit on the basis that the “dad” logo was a parody of the Superman logo. The court rejected the argument and the case now moves on to trial.
What’s the take away here? Even if you think your mark is a parody of another mark. The owner of the other mark may not share your sense of humor. Think twice before proceeding with a mark like that.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
As an aside, I’ll be speaking on Thursday, February 18th at the NC Bar Association Business Law Section Annual Meeting on a panel discussion of IP issues in Pinehurst NC. Anyone thinking of attending, I hope you do as it is shaping up to be an interesting program. I’ll also be there on behalf of NCLEAP (North Carolina Lawyer Entrepreneur’s Assistance Program) recruiting new volunteers. If you’re there, please come and say “hello”.
by Kathleen Lynch | Nov 10, 2015 | Trademark Service Mark
Are you a high school with an offensive mascot? If so, Adidas will help you rebrand a new one. In the wake of the Washington Redskins trademark registration refusal based on offensiveness, Adidas has offered to cover the costs of any high school wanting to adopt a new mascot.
Adidas has offered to give high school and colleges that have offensive mascots the opportunity to select a new mascot and launch a rebranding campaign. Several universities have either changed mascots or sought approval from the tribes associated with the mascots. Florida State Seminoles and the Utah Utes have obtained approval from the respective tribes to continue to use the mascots. While the North Dakota Fighting Sioux and Arkansas State Indians have changed their mascots.
It is a win for Adidas as the world’s second largest sporting goods manufacturer as it provides them with a way to show their commitment to a good cause and create goodwill in their brand. Apparently others agree. On the day of the Adidas announcement, their stock rose by 8.6 percent.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Sep 22, 2015 | Trademark Service Mark
Adidas, the German sporting goods company, recently sued Skechers USA Inc. for trademark infringement involving sneaker designs. Adidas claims that the lawsuit is based on a long history of alleged infringement by Skechers of Adidas shoe trademarks.
Adidas claims the dispute began when Skechers sold shoes bearing parallel stripes on the sides of the shoes in 1994. Adidas alleges those stripes infringed its trademarks. Adidas has designs bearing three parallel strips while Skechers sold designs having two or four stripes. The suit was settled in 1995.
The latest action accuses Skechers of selling athletic shoes that infringe the Adidas “Supernova” trademarks and the trade dress of its Stan Smith shoes. In its pleadings, Adidas accuses Skechers of selling shoes under the “SuperNova” mark as well as selling shoes bearing a three parallel stripe pattern on the side.
What’s the take away here? Adidas has done a good job of enforcing its marks and its trade dress. Any product or service has the capacity to develop goodwill through brand awareness and enforcement. Like Adidas, cornering the market on a style, word or symbol makes great business sense.
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Aug 25, 2015 | Trademark Service Mark
Michael Jordan was recently awarded almost nine million in damages after a supermarket used his name and likeness without his permission. Jordan sued Dominick’s Grocery store after it ran an advertisement promoting a $2 off coupon for steak. The advertisement read “Congratulations Michael Jordan, you are a cut above.” Jordan’s jersey number 23 was also displayed.
Jordan sued alleging that Dominick’s did not have his consent to use his name or his jersey number in connection with their advertisement and coupon. He asserted that he did not endorse the use of his name in connection with the promotion. The court agreed and awarded him 8.9 million dollars.
What’s the take away here? Protect your brand. Michael Jordan worked hard to become an uber famous basketball player and personality. Except for newsworthy items, Michael Jordan has every right to ensure that his name, jersey number and likeness are only used in a manner that he controls. Regardless of how complimentary a promotion may be, you cannot use another’s name, likeness or their affiliation (in this case, Michael’s jersey number) to promote your business.
Protecting your brand and other innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
