Comment Re:Why? (Score 1) 123
Trademark law works on the premise (pretty much) of "confusingly similar". If the average schmoe would be confused, it's assumed that the marks are in conflict and the one that has been in use longer has precedence. If the products offered are the same or similar, that just adds fuel to the fire.
Let's think about the average schmoe. Think real hard - these are the same people who need to have "for external use only" printed on hemorrhoid cream.
I worked as a private researcher for several years in the USPTO's Trademark Search Library in Arlington, VA. As a trademark searcher, there's no doubt in my mind that I'd cite the Disney GO logo against the GOTO logo. The similarities are as follows (according to signifigance):
1. Big green circle
2. The yellow outline
3. The word GO in prominent letters
and, this is what would solidify my decision,
4. Both logos are for Internet services
(Bad word) yeah , I'd snag the Disney logo in a search. Remember this too, a good chunk of design research is still done by hand, from the (uncoloured) paper records at the PTO.
As far as the McDonald's situation - I know people who were hired by McDonald's to check every single "Mc" and "Mac" application that came in to the USPTO. Remember that the golden arches are a separate trademark registration. Some companies are terribly protective and litigious.
Sometimes though, it does get ridiculous. There was a case a few years back when Chevrolet claimed trademark infringement and defamation on a guy who owned a bar called "Jeep's". Now, Jeep really was this guy's nickname since the 1930s. Lucky for him, his mom had an old photo that had his name and the date on the back. It's an interesting case.
Let's think about the average schmoe. Think real hard - these are the same people who need to have "for external use only" printed on hemorrhoid cream.
I worked as a private researcher for several years in the USPTO's Trademark Search Library in Arlington, VA. As a trademark searcher, there's no doubt in my mind that I'd cite the Disney GO logo against the GOTO logo. The similarities are as follows (according to signifigance):
1. Big green circle
2. The yellow outline
3. The word GO in prominent letters
and, this is what would solidify my decision,
4. Both logos are for Internet services
(Bad word) yeah , I'd snag the Disney logo in a search. Remember this too, a good chunk of design research is still done by hand, from the (uncoloured) paper records at the PTO.
As far as the McDonald's situation - I know people who were hired by McDonald's to check every single "Mc" and "Mac" application that came in to the USPTO. Remember that the golden arches are a separate trademark registration. Some companies are terribly protective and litigious.
Sometimes though, it does get ridiculous. There was a case a few years back when Chevrolet claimed trademark infringement and defamation on a guy who owned a bar called "Jeep's". Now, Jeep really was this guy's nickname since the 1930s. Lucky for him, his mom had an old photo that had his name and the date on the back. It's an interesting case.
