.png)
Jim Beam and Johnny Love Beverage Co. are in a very heated dispute over puckered lips. Recently, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the lower court erroneously granted Jim Beam summary judgment over their argument that Jim Beam’s “puckered lips” are the real lips while Johnny Love’s “puckered lips” are infringing upon Jim Beam. The court sent the two parties back to court in order to determine whose lips are the real ones.
Protecting your unique company identity
This case is very similar to the trademark dispute between Citigroup and AT&T regarding “Thank You." The court has to answer this question: “Will a consumer likely be confused by these two trademarks because they are too similar?” Reasonably, trademark confusion could lead to unfair competition. If there were no laws offering at least some protection for a business’ uniqueness in name, brand or practice, then what would stop every company from simply riding the coattails of those that sacrificed in order to make their company different? For example, Apple, Inc. is a household name perhaps solely because of its eminent logo. To quote the cinematic classic, The Incredibles: “If everyone is super, no one will be.” We call this trademark dilution.
How are you, Mr. Up-And-Coming Business Owner, supposed to wade through the sea of company logos, trademarks, catchphrases and names to ensure your very own company identity is unique enough to remain “super”? Likely, your first stop is to check out the United States Patent and Trademark Office’s website and search for the trademark you have in mind. The search won’t give you 100% assurance that your phrase/logo isn’t already trademarked, but it will give you a good place to start.
