Kanye West and Yeezy LLC recently filed a suit against Walmart and a number of other unnamed sellers over the sale of copycat footwear products. The two parties have now entered into a different dispute regarding sun ray-like logos. Yeezy recently filed a trade mark application for the latter, with the intention to use it on everything from its clothing and retail store services to musical sound recordings. However, Walmart initiated proceedings to block the registration of the trade mark on the basis that it is confusingly similar to that of their own logo.
The retailer filed its opposition with the U.S. Patent and Trade mark Office, arguing that the registration of Yeezy’s logo will damage their own trade mark, which has been in use since at least 2007. Walmart argues that this mark has become a “distinctive indicator of the origin of goods and services” as it features throughout its 5,000 retail outlets and also its e-commerce platform. Further claims from the retailer state that the registration of Yeezy’s mark will cause confusion and lead to consumer deception.
Yeezy’s answer however questions the validity of the rights that Walmart holds over the “Spark Design”, ultimately arguing that no damage will occur, as the two marks are supposedly different. Whilst Walmart’s design consists of “six solid lines with each line beginning with a rounded cap, becoming wider in size as each line extends outwards”, Yeezy’s logo consists of “eight symmetrical dotted lines with equal white spaces between each dot”. Thus, Yeezy argues that the respective trade marks differ visually and has requested for the opposition to be dismissed.
If you have any queries regarding the above article or would require assistance with a trade mark, please do not hesitate to get in touch with a member of our expert solicitor team at Lawdit today.
Tel: 023 8023 5979