Likelihood of confusion? Likelihood of dilution? Blurring? Tarnishment? All to the left?

 

To closely examine Sears’ most recent trademark infringement and dilution law suit and complaint concerning the DIEHARD brand against the maker of DieHard Spray ("a numbing agent for male genitalia"), check out Sears, Roebuck & Co. v. Rockhard Laboratories, Inc., venued in the

Look what the email spam filter snagged for the holidays:

As you may recall, this isn’t the first time we’ve seen iPad brand bait email solicitations. Back when they first appeared, the ownership of the iPad name was unsettled, but since then, it appears Apple has secured federal registration of the iPad brand name and trademark, at least, for a

         

Another interesting trademark case was filed last Thursday in Minnesota federal district court, captioned Rolex Watch U.S.A., Inc. v. Associated Partnership Ltd., d/b/a Rollx Vans and d/b/a www.RollxVans.com. Here is a pdf of the Complaint and the attached Exhibit.

The crowned plaintiff really needs no introduction. On the other hand, the

One good thing leads to another, or perhaps, vice versa (then again, maybe not):

    

Odds are, you probably are familiar with the logo on the left, but maybe not the history behind the brand and company it represents. Apparently, a guy named Jimmy John Liataud founded Jimmy John’s Gourmet Sandwiches in Charleston, Illinois, in 1983, and since then, has grown his successful franchised restaurant business to more than 1,000 locations in 38 states, including many in Minnesota.

And, I’m guessing most of you haven’t encountered the logo on the right, so, hat tip to Ed, who guessed right that it would capture my interest. Apparently, a second generation family business called Jimmy’s Johnnys was founded in the northern suburbs of St. Paul, Minnesota, four years before Jimmy John’s came into existence, all the way back in 1979.

Branding conflict? Trademark problem? Antitrust problem via brand extension and vertical integration (for tongue-in-cheek reasons that will become more apparent far, far below)?

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What if Jimmy’s Johnnys isn’t selling sandwiches at all, but assuming its position in the food chain, by helping dispose of them, through this business (answer below the jump):


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Last month the Trademark Trial and Appeal Board (TTAB) refused registration of the slogan THE OTHER RED MEAT for "fresh and frozen salmon," not based on likelihood of confusion, but because it is likely to dilute the distinctive quality of the famous THE OTHER WHITE MEAT slogan of the National Pork Board and National Pork Producers Council. Stay tuned for