2018-06-04
Trademark infringement is a common occurrence in today's society. Often, these infringements are unintentional and issues are quickly settled, but many infringement issues wind up being decided by the courts. There are certain cases that catch the attention of the greater public and even get media coverage because of the reputation of the players involved. In this post, we head to the vaults and handpick some of these famous trademark infringement cases that are certain to interest even the casual reader. And, as they say, a wise individual is the one who learns not just from their own mistakes, but also from the mistakes others make. So, here are the landmark cases that caught our attention, and they will catch yours, too.
1) U.S. Academy Awards vs. Go Daddy
Renowned retailer of website domains, Go Daddy, recently prevailed in a legal battle against The Academy Awards, successfully disproving charges of "cyber-squatting". The primary charge levied against Go Daddy was that of granting ‘inappropriate’ domain names to individuals that have the capacity to confuse the public. The plaintiff’s trademark lawyer alleged that ‘oscars2011.com’ and 56 other domain names infringed The Academy Awards trademarks as they had the potential to create widespread confusion. The Academy’s’ principal grievance remains that Go Daddy generated profit from individuals who wanted to create revenue through these websites. In what was a landmark ruling, Go Daddy prevailed against the Academy with the judge concluding that Go Daddy didn’t generate profits with the intention of "bad faith".
2) Adidas vs. Forever 21
In a move that garnered a fair amount of media interest, Adidas sued Forever 21 for the development and distribution of several products that supposedly infringed on Adidas’ longtime trademark of 'three stripes’. The design remains the prime component of the brand's logo and its products. At the time of the infringement, Adidas stated tremendous investments of several million dollars for the development and the protection of their world-famous logo.
Following the charge of trademark infringement, there were no public statements from either of the parties. In December, news emerged that Adidas has agreed to an out-of-court settlement with Forever 21. This also justifies the belief held by certain trademark lawyers that legal disputes can be handled through an alternative dispute resolution. This can be of benefit to both parties as the specific details pertaining to the matter remain private.
3) Starbucks vs. Freddocino
The parent company of New York's celebrated Coffee Culture Cafe bore the brunt of a trademark infringement lawsuit brought by Starbucks for the release of the drink 'Freddocino’. Starbucks’ primary reservations were with the fact that the drink (Freddocino) shared similarities in texture, name, and packaging with Starbucks’ own Frappuccino, a registered trademark owned by Starbucks. While Coffee Culture Cafe attempted to negate damage by renaming the drink "Freddo", it wasn't enough to deter Starbucks from proceeding with the infringement. The verdict remains pending and we look forward to learning more as the case unfolds. A trademark lawyer or agent may be able to alert clients to the possibility of infringement with proposed trademarks to prevent these types of issues from arising.
If there is one thing that can’t be emphasized enough, it is the sheer value of sound representation. Whether for a defense against an unfair accusation of trademark infringement or aiding in obtaining better protection for intellectual property against offenders, copycats, or patent trolls, contact us for assistance. We are well-versed with the framework of intellectual property in Alberta and beyond.
