By Tikwiza Nkowane|www.amdlawgroup.com A federally protected trademark can be retained indefinitely if maintained in accordance with the laws. After going through the effort of obtaining federal protection of a Trademark,...
Originally posted 2012-09-08 14:11:44.
The largest office supply retailer, Staples, is suing a much smaller rival, Shoplet.com, for trademark infringement, claiming that Shoplet’s logo and website too closely resembles its own.
To understand the market domination Staples has over Shoplet, Staples is the nation’s No.1 office supply retailer and the No.2 internet retailer, while Shoplet is ranked 130 for online markets. Despite the obvious discrepancy in their market share, Staples fears that because Shoplet is in exactly the same market, the possible confusion caused by the similarities between their logos and web designs might cause them to lose some market share to their tiny competitor.
Shoplet applied its trademark logo in 2011, and Staples filed an opposition in July. While the case is still pending, Shoplet is confident that their “red incline logo” is an archetypical design that is entitled to sparsely any trademark protection.
What do you think?
An example of a trademark would be the “swoosh” logo that we identify with Nike. The swoosh, “Just do it,” and the name itself, “Nike,” are all trademarked phrases or images that belong to the Nike Corporation. When we see the swoosh logo, hear “Just do it,” or see the word “Nike,” we immediately are reminded of the style of their shoes, their comfort, and the lifestyle that we expect to be offered from the organization. Because these images and phrases inspire such brand awareness and loyalty, they are very coveted. To ensure that Nike is the only organization that can make use of and profit from their logos and slogans, they have them trademarked. Trademarks are words, phrases, symbols or designs that identify and distinguish the source of the goods of one party from those of others.
Goodison, Donna. (September 6, 2012). Staples: Too easy to confuse rival’s logo with ours. Retrieved
on September 7, 2012 from http://bostonherald.com/business/general/view/20220906staples_too_easy_to_confuse_rivals_logo_w ith_ours