- The Authority has yet to finalize the implementation of the newly proposed regulations.
Brands often find themselves in a defensive stance, battling unwanted competition that can sometimes lead to ludicrous court battles. With a strong and successful brand comes the inevitable temptation for rivals to damage it or benefit from its fame. For the brand itself, it's almost a matter of survival to defend against such attacks.
In these battlefields, small brands are not reluctant to take on corporate giants. And just like a boxing ring, these disputes often end up in the judicial court.
A Colorful Palette of Trademark War
These legal skirmishes can cover a wide array of subjects. Sometimes, they revolve around shoe design, as seen in the case of Nike versus Adidas. At other times, they delve into the realm of colors, such as when Milka pursued legal action against Tony's Chocolonely over the exclusive rights to the color purple. Stripes can also stir up controversy, like in the case between Nike and Adidas. And yes, even seemingly unrelated entities like bears have found themselves center stage, causing a stir between Haribo and Lindt.
Courting Color & Design Disputes
In the realm of color and design, conflicts have sprung up between U-Haul and Public Storage, Buc-ee’s and Super Fuels, and Thatchers Cider Company and Aldi. Each of these cases highlights the complexities in safeguarding trademark rights, particularly when contrasting colors, designs, or mascots come into play.
Take, for instance, U-Haul's contention that Public Storage's use of orange and the word "orange" infringes on U-Haul's trademark rights. In a similar vein, Buc-ee’s accused Super Fuels of copying its iconic beaver mascot, leading to a heated dispute over a dog logo. Meanwhile, Thatchers Cider Company won an appeal against Aldi over look-alike packaging, alleging that Aldi sought to take advantage of its packaging trade mark.
Monikers and More
Brand names can also spark disputes, as witnessed in Australia, where Burger King was forced to operate under the name "Hungry Jack’s" due to a local trademark ownership. A high-profile example of this is Apple Corps' longstanding conflict with Apple Inc. over shared names and logos.
Moreover, in 2007, Apple Inc. managed to acquire the rights to the name, effectively marking an end to a decades-long conflict with the Beatles' company.
Designer Duel
When it comes to protection of designs, French designer Christian Louboutin found himself embroiled in a legal tussle with Yves Saint Laurent over the use of red soles on shoes. The court eventually granted partial protection to Louboutin's trademark, recognizing the significance of red soles when the rest of the shoe features a contrasting color.
In the vast and complex realm of trademark law, these cases reveal just how far companies will go to protect their precious brand assets.
- In the world of footwear, adidas and other brands have faced lawsuits over design elements, similar to the dispute between Nike and adidas over stripes.
- Birkenstock, known for its distinctive cork footwear, might also find itself in legal battles over the protection of its unique design, joining the array of brands defending their trademark rights.
- Distantly, even in the realm of toys, brands like bears have becoming subject to trademark disputes, such as the one between Haribo and Lindt, highlighting the breadth of protection necessary for brands.
