I don’t report on every dumb trademark lawsuit, because the really goofy ones involving famous companies usually end up getting mainstream press and big-time blog attention as well as other bloggy sober analysis, so what do you need me for? I just work my little sub-micro-niche with thankless dedication and motivated solely by a love for the law which can never be truly understood by the mortal world.
On the other hand, when big-time meta-blogs on the Law.com network say nice things about LIKELIHOOD OF CONFUSION® … it’s worth a little reciprocal attention to see what could have caused such a thing (besides the fact that Ambrogi didn’t write the piece), even if everyone else is, in fact, all over the story:
“The question of ‘likelihood of confusion’ is the signal test to determine if a trademark infringement claim is valid.” So says the introduction to the excellent Likelihood of Confusion blog. Using that test, then, I ask you: Would you be likely to confuse a $30 pair of rubber shoes with a $50,000 sports car?
That “likelihood” appears to be the fear of Porsche. Footnoted.org writes in this post that in a recent Form 10-Q filed with the SEC, Colorado-based shoe manufacturer Crocs disclosed that it is being sued over its use of the name “Cayman.”
Some days I feel as if I should start reading 10-Q’s to find material, too, but not the day they put that one out. And at my age, footnotes are out of the question — even when the feet are shod in Crocs, as mine usually are by mid-afternoon. Of course if I could really make heads or tails of a 10-Q, “at my age” I’d actually be ensconced in a Porsche by mid-afternoon . . . but, depressingly, I digress.
Bottom line (I’ve added a couple of “others in the blogosphere” links):
Others in the blogosphere have been quick to point out that in addition to the remote possibility of confusion here, the word “Cayman” is commonly used in many other contexts. Thus, a certain species of alligator and residents of aBritish overseas colony may need to contact their lawyers.
Yeah, but still. Let’s not get ridiculous! Unlike alligators and faraway subjects of Her Majesty, both shoes and sports cars both get you places, right? And who among us can’t really “book” in a pair of Crocs? I’d call that a pretty good “bridging the gap”scenario, wouldn’t you?
For money, I mean! Of course we would.
There you go, then.
Originally posted 2009-11-22 14:03:23. Republished by Blog Post Promoter