With football season nearly here, we recently found an interesting case of trademark infringement related to the sport.  The case we’re referring to is the Pittsburgh Steelers™ legal battle with one of their iconic trademarks, The Terrible Towel™.

The Steelers website describes The Terrible Towel™ as, “the brainchild of former Steelers radio announcer Myron Cope during the playoffs in 1975 and helped provide the magic touch as the Steelers went on to win Super Bowl X over the Dallas Cowboys.” Any diehard fans know what this piece of yellow and black cloth represents.

In a recent case, the Steelers organization has filed a federal lawsuit alleging a gentleman has misused the label on some COVID-19 masks, marketing them as “The Terrible Mask.” Not only is the name very similar but it uses the same font style and text, which can be a trademark violation when it comes to trademarks. If you are interested and want to read more you can review it here.

After reading the article we were curious about what other cases we might find so we researched the subject a bit further and what we discovered was shocking.  One international trademark infringement case caught our eye and centered around Louis Vuitton© and a South Korean fried chicken company with a very similar name and branding. At first glance, we were curious if the famous clothing line was trying to start a new trend and get into the fast-food market.

This company’s intentions may not have been to copy the name or steal the brand, but the similarities would probably help the business by catching the eye of a potential customer. We know we would probably stop in to this fried chicken restaurant if we saw a Louis Vuitton© logo on the side of the building. This particular case seemed to be a hefty one too claiming that Louis Vuitton© won the case and was awarded about $125,000 for damages and legal fees. Ouch!

There are thousands of similar examples of the same types of infringement cases out there and they all could have been avoided with proper legal counsel. Here is a list if you want to read more about some more recent versions of cases.

The U.S. Patent and Trademark Office also has some great tools on their website that could help your search for trademarks and it provides basic information on how to apply or how to maintain your registration.  The key here is to be aware of brands and trademarks before starting your business and seeking the appropriate advice and legal counsel if and when there is a conflict with something that is trademarked.

According to the Uscourts.gov website, trademark laws are intended to protect any name, logo, or phrase used in commerce to distinguish one manufacturer from another. Unlike patent laws and copyright law, trademark laws are not authorized by the Intellectual Property Clause.

So if you are looking for help with your business or brand and want to know the steps to protect your intellectual property we are here to help!  With 27 years of experience, Stockwell & Smedley has successfully advised our clients, working to protect their valuable intellectual property.

For more information about trademarks, patents or intellectual property policy visit the U.S. Patent and Trademark Office website at https://www.uspto.gov/trademark or give us a call and we can help you get started.

Stockwell & Smedley has 27 years of experience in Intellectual Property Law and we stand firmly with our clients through every step of the process. With our experience, you will never have to worry about your legal representation; we will always have you covered.

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