November 11, 2019

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"Trademark Rights"

July 1, 2019

Last month, I blogged about an interesting trademark - a smiley face on cookies.

 

This month, I have another interesting trademark.  Off-White LLC filed a trademark infringement lawsuit against Rastaclat and The Finish Line alleging infringing of its common law trademark rights to quotation marks (Off-White LLC v. Rastaclat LLC et al, Case 2:19-cv-03518, C.D. Cal, April 29, 2019) (a copy of the Complaint is on Mega.nz).  Off-White alleges that its use of quotation marks around terms has become a source-identifier, and therefore the Defendants' use of quotation marks around terms infringes its rights.

 

This will be interesting to see how the Defendants respond to the allegations, and how much trademark protection Plaintiff will be given because this is a common law trademark instead of a federally registered trademark.

 

Image is from the Complaint at page 7.

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