STL Grab Bag
Haute Diggity! On Nov. 13, the Fourth Circuit found doggie-toy maker Haute Diggity Dog, LLC did not dilute Louis Vuitton Malletier, S.A.’s famous LOUIS VUITTON trademark by selling chew toys called “Chewey Vuiton.” Rebecca Tushnet’s discussion here. This is an important decision under the now year-old Trademark Dilution Revision Act. It’s also a loss for the owners of famous trademarks. The International Trademark Association had filed an amicus brief in support of Louis Vuitton. The Fourth Circuit apparently was not persuaded.
Starbucks threatens Michigan’s Conga Coffee & Tea over the latter’s green concentric circle logo. Vegas Trademark Attorney reports on the dispute and chides STL for not beating him to the story.
Likelihood of confusion?
Imposters no more. In June, STL wrote about California’s proposed Truth in Music Advertising Act aimed at “imposter” bands. It’s now law. Starting Jan. 1, 2008, the Act generally will make it unlawful for “any person to advertise or conduct a live musical performance or production through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group….” If your band’s called Sha Na Na, in California your name had better be Bowzer Bouman.
Michael Atkins
in Band Name Disputes, Seattle Updates, Trademark Infringement
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Reader Comments (2)
Those are also pretty aggressive dilution/infringement claims. You get a Sanka or independent coffeehouse drinking judge or group of jurors and you could be in big trouble.