Determining if Trademarks are Distintive

In the article “What We Are to Advertisers,” James Twitchell argues that “different products have different meanings to different audiences.” This is a valid argument because every product today can be interpreted differently by people. Barbie, for example, is viewed as an awesome toy by many young girls; however, few boys purchase Barbie because it is considered to be feminine. Cowboys boots can also be interpreted differently by groups of people. Someone living in an urban city would likely consider cowboys boots to be unfashionable or out of style. Unlike people from the urban city, those living in rural areas may regard the boots to be fashionable and stylish. Another example can be seen in the fragrance industry. Perfume is nearly identical

The legal issue in dispute here is whether Star Athletica had committed copyright infringement on Varsity Brand’s uniform designs. While this case was in court, it was brought into question whether Varsity Brand had the right to copyright their uniform designs (color combinations, stripes and patterns). Depending upon whether Varsity Brands could copyright their uniform designs, would determine if Star Athletica was infringing upon those rights. Clarification about the ability to copyright designs would affect the fashion industry. Hence, this case received considerable attention.

Lastly, cases outside the Sixth Circuit have ruled that products other than knockoffs can create downstream confusion. The courts in Lois Sportswear and Payless both are examples of cases where non-knockoff products created downstream confusion. Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872 (2d Cir. 1986); Payless Shoesource, Inc. v. Reebok Int’l Ltd., 998 F.2d 985, 987 (Fed. Cir. 1993). In Lois Sportswear, the court explained that the confusion occurred when a consumer saw the familiar stitching pattern on the defendant’s jeans and associated “the jeans with appellee and that association influence[d] his buying decisions.” 799 F.2d at 872. The court makes no mention nor implies that the defendant’s jeans were a knockoff of plaintiff’s jeans. Similarly, in Payless, a case in the federal circuit, Reebok contended that “[post-sale] confusion occurs . . . when a consumer observes someone wearing a pair of Payless

On May 30, 2000 The Calvin Klein family filed a lawsuit against Warnaco Group Inc for eighteen counts of trademark infringement, trademark dilution and intentional misrepresentation. Nearly a month later Warnaco answered with a counter suit, denying the major allegations and justifying the dilution to falling within the scope of the two parities licensing agreement. The case study brings forth information regarding fashion retailing, distribution practices and even the licensing practices expected within the marketplace, however as a reader one should keep in mind that during the millennium “licensing

Specifically, trade dress protects the design features of a product such as the shape, three dimension elements. Trade dress refers to aesthesis of a product’s configuration or its packaging. Although, both product configuration and product packing are both considered trade dress, the registration treatment of each differ. Product packaging can be inherently distinctive and thus can be registered immediate as opposed to product configuration which cannot never be inherently distinctive and proof of secondary meaning is always

“The more similar the marks are, the more likely it is that relevant consumers will confuse their sources.” Kibler v. Hall, 843 F.3d 1068, 1077 (6th Cir. 2016). When comparing two marks, the courts view the marks in their entirety and focus on the marks overall impressions, opposed to dissecting the marks and focusing on their individual features. AutoZone, Inc. v. Tandy Corp., 373 F.3d 786, 798 (6th Cir. 2004). Specifically, the court looks to the mark’s overall impression in the light of what occurs in the marketplace

it is not the purview of trademark law to dictate morality, no matter how appealing or distasteful a mark may be. The purpose of trademark law is to promote fair competition by preventing consumer confusion and deception in the marketplace. The type of consumer protection at the heart of trademark law is one of source quality, not moral quality(Carpenter).

Copyrights and trademarks are essential components of the success and longevity of many companies. Protecting those components is critical. Louis Vuitton Malletier S.A. filed a lawsuit in 2007 for trademark dilution and copyright infringement against Haute Diggity Dog. The results of the case shocked many, including the International Trademark Association, as the court sided in Haute Diggity Dog’s favor.

Survey evidence is well suited to shedding light on the resemblance between two marks, or lack thereof, if this is not already evident on the face of the marks. In such situations a word association test may be helpful, but requires proper context and controls in the design of the questionnaire. For example, the applicant for the trademark NORDIC in association with tires presented a survey on the issue of resemblance in an appeal of a decision rendered by the Trademarks Opposition Board, in Canadian Tire Corp. v. Accessoires d'autos Nordiques Inc. The latter Quebec-based retailer had opposed the registration of NORDIC in association with tires, on the grounds that it was too similar to the sound and idea suggested by its own mark, NORDIQUES used in association with auto-parts in Quebec.

Louis Vuitton Malletier S.A., Plaintiff-Appellant, v. Haute Diggity Dog, LLC; Victoria D.N. Dauernheim; Woofies, LLC, d/b/a Woofie’s Pet Boutique, Defendant-Appellees. International Trademark Association, Amicus Supporting Appellant (2007)

In the article “7 Reasons Why Trademarks Are Important to Your Business”, Abigail Rubinstein illustrates that “Trademarks are an effective communication tool…Trademarks make it easy for customers to find you…Trademarks are a valuable asset…Trademarks never expire” (Rubinstein, 2014). Trademarks aren’t only products of unique designs but also carry many values within them. A trademark represents a company and how that company does in the market. Furthermore, a trademark is how people use to recognize the products of a company and identify their favorite items. Without trademarks, people have a hard time to find the products that they love because many of them use remember trademarks instead of the name of companies. It is easy to understand

For many centuries clothing was used namely as a form of symbolising one’s ascribed class and social honour. A good example of this was evident in Feudal European times when sumptuary laws were created in order to regulate and specify

In the concept of appearance, most people use their appearance as a tool to express their own individualized style. With having individualized style, it works hand in hand with using fashion as a way to identify ones’ social standing. As trends come and go, there are dedicated advocates of certain styles. Those advocates might relate to that style by dressing in various different outfits that can be jumbled up into a certain category. However, there are a few individuals that have certain looks that sets them apart from the crowd. For example, in the mid-1960’s, British teenage model, Twiggy, created a marketable style of an androgynous look consisting of large eyes, long eyelashes, and short hair. That became her trademark and caused an uprising in her career as a significant pioneer in the fashion industry. Her appearance created a whole new way of using a trademark as a way of

Marketing Management, 14e (Kotler/Keller) Chapter 9 Creating Brand Equity 1) The first step in the strategic brand management process is ________. A) measuring consumer brand loyalty B) identifying and establishing brand positioning C) planning and implementing brand marketing D) measuring and interpreting brand performance E) growing and sustaining brand value Answer: B Page Ref: 241 Objective: 1 AACSB: Analytic skills Difficulty: Easy 2) The American Marketing Association defines a ________ as "a name, term, sign, symbol, or design, or a combination of them, intended to identify the goods or services of one seller or group of sellers and to differentiate them from those of competitors." A) copyright B) trademark C) slogan D) brand E)

Measurement with regards to the type of garment to be made be it skirt & blouse, gowns, kaftans and so on are taken. More than one sheet of the paper can be used to take a customer’s measurement depending on type of attire to be made. The customer then chooses the style to be made. Styles are gotten from personal sketches, sketches from tailors, fashion magazines, web sites and others.