-Martha Engel, Attorney
Aside from my propensity for laughter, there are few things that can instantly improve my mood quite like an impromptu dance party or hot yoga sculpt. Yes, hot yoga sculpt – yoga with weights and cardio in a very hot room for an hour. I was scared too, but allowed a friend to drag me nervously to my first class at Corepower. Midway through, the studio began looking like a sweatlodge, a mirage of a second water bottle appeared, and my thoughts were littered with “oh my gosh please dont pass out,” but once it was over my thoughts immediately turned to “OH MY GOSH THAT WAS AWESOME.”
After a particularly draining week, I needed a little hot yoga sculpt time. Without pausing to conduct a Google search, I arrogantly typed www.corepower.com into my browser to find the next class at a local studio, and this appeared:
Wait a minute…protein shakes? Nope I don’t want that now, maybe post-workout though.
I want this:
They’re both registered trademarks – for the words and the designs, but only in black and white and absent any color claim. The former is owned by fairlife, LLC for a variety of beverages and supplements, including, “Dietary supplemental drinks; Liquid nutritional supplement; Nutritional supplement shakes; Nutritional supplements” (here). The other is owned by CorePower Yoga, LLC. CorePower Yoga, LLC applied for registration of a black and white version of their logo above for “Yoga instruction; educational services, namely, conducting classes, in the field of yoga; yoga and physical fitness training services” and “Dietary and nutritional guidance.” Despite their arguable visual similarities in color scheme and design features, as well as the arguable relatedness of their goods and services, there have been no fights in the TTAB regarding these marks, nor do there appear to be any refusals lodged by the Trademark Office about this during examination.
Maybe these two companies have already had a “namaste” moment regarding the use of the marks, and that may explain why surprisingly neither of them have filed for the logo with a color claim.
We’ll keep an eye on this to see if either of these companies gets into warrior pose over the mark, or maybe join forces. In the meantime, do you branding folks think that these two national brands should be able to coexist?