My education in trademark law a few years ago taught me this: The test of whether a case is winnable or not is that the plaintiff has to prove actual instances of customer confusion. TM law is not there to protect your trademark. It’s goal is to protect the consumer – hence this test.
Here’s Chrysler’s new logo. What do you think? [Rest assured that when the suit is filed, attorney’s from both sides will be taking your comments into account]
Four words: Silk purse, sow’s ear.
No confusion at all.
Commented on November 5, 2009 at 2:53 pm
See also:
http://www.flickr.com/photos/ricardipus/3558993683/
http://www.richguy.com/pictures/bentley/pages/Bentley%20Logo.htm
Commented on November 5, 2009 at 4:53 pm
Better go dig up your old trademark law textbook. The test of whether a case is winnable is not based on actual consumer confusion but rather the likelihood of consumer confusion. So does that make this an easier case for Aston Martin? I doubt it.
Commented on November 6, 2009 at 7:00 am