WVU polices its trademarks

College sports, including the licensing of school trademarks, is big business.  Trademarks protect consumers by identifying the source or origin of goods or services offered in commerce.  Trademark owners have a duty to police their marks; failure to do so can affect the trademark owner’s ability to enforce its marks.  WVU recently seized unlicensed t-shirts offered for sale at a WVU football game. 

Arizona State threatens high school for using “Sundevils”

Arizona State University, know as the Sun Devils, sent a cease and desist letter to Virginia Beach’s Salem High School for using the SunDevil nickname.  The test for trademark infringement is likelihood of consumer confusion as to the source or origin of the parties’ respective goods or services.  The analysis involves a multi-factor test including the similarity of the marks, the similarity of the goods/services, the trade channels through which the products are sold, and the level of sophistication of the consumers.  

GM denied injunctive relief in Hummer trade dress case

A product’s trade dress is its overall image and appearance, and may include features such as size, shape, color or color combinations, texture, graphics, and even particular sales techniques.  Trade dress infringement requires three elements:  1) an inherently distinctive trade dress or one that has acquired distinctivness through secondary meaning; 2) likelihood of confusion among consumers as to the source or origin of the competing products; and 3) the trade dress is non-functional.

GM claims that its Hummer design includes an inherently distinctive trade dress that was infringed by a body kit sold by Urban Gorilla.  In denying GM’s motion for a preliminary injunction, the 10th Circuit affirmed that the likelihood of post-sale confusion, and not just confusion at the point of sale, is relevant to the trade dress infringement inquiry.  In support of its holding, the Court reasoned that GM failed to establish its likelihood of success on the merits.   

GM wins trademark/trade dress case involving Hummer design

6th Circuit affirmed decision that Hummer look-alike toy infringed GM’s trademark and trade dress.