We have covered interesting instances of trademark infringement including scenarios involving In-N-Out, Gucci, and Fender guitars, but this is something intriguing even for our team. The phrase “Life Guard” – trademark protected or not?
When Polo Ralph Lauren printed a series of T-shirts with that very phrase the company likely did so in the vein of so many other popular shirts with snappy, suggestive, or quirky phrases. Besides occupation-related tees sporting “Firefighter”, “Undercover Cop”, “M.D.” or any number of phrases, a stroll in D.C. will undoubtedly lead you to street vendors willing to give you a deal if you buy all three flavors of their printed wearables, “FBI’”, “CIA”, and “Secret Service”.
So, have you logged in your vote yet?
In bringing forth a claim for trademark infringement, the court will look to whether there is a likelihood that the customer was confused between the two different brands, logos, symbols. It is up to the defendant to prove that the mark was used in a way as to create confusion about the origin of the good or service or that it was done to deceive the consumer.
Related Resources:
- Lauren Slapped With Lifeguard Suit (New York Post)
- Ralph Lauren Sued for ‘‘Life Guard’’ Shirts? (AOL Small Business)
- Proving Infringement: Confusing Similarity (FindLaw)
- Top 6 Trademark Mistakes (FindLaw’s Law & Daily Life)
- 3 Ways To Make a Big Impression & Protect Your Brand (FindLaw’s Law & Daily Life)
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