Back in June we talked about how DC Comics was opposing the trademark registration by Stacey Lane Holmsley under the categories of “Decals; Decorative decals for vehicle windows; Magnetic decals; Temporary tattoo transfers” as part of a number of trademarks for sayings and phrases intended for that market, because it looked like this.
While the image clearly says “Jesus”, the way the letters sit in the pentagon, merging with the border is rather reminiscent of the Superman shield, a DC Comics trademarked image.
Often when a company like DC Comics, back by Warners, challenges such a trademark, the registering party backs down. But not with Stacey Lee.
So the lawyers have been making their pitches. From the documents lodged with the court, (Stacey Lee is the applicant, DC Comcic are the opposers)
- Applicant’s Mark is similar to Opposer’s Mark in sight and commercial impression.
- Applicant’s goods to be offered under Applicant’s Mark are identical and/or closely related to goods and services sold under Opposer’s Mark and, upon information and belief, will be sold to the same customers or types of customers to whom goods and services bearing Opposer’s Mark are to be sold.
- Based on the similarity of the marks and goods and services, consumers are likely to be deceived into falsely believing that the goods offered by Applicant under Applicant’s Markoriginate from or are otherwise associated with or endorsed by Opposer, or that there is some relationship between Applicant and Opposer or the goods of Applicant and the goods and services of Opposer, all to Opposer’s injury and harm.
- Thus, registration of Applicant’s Mark in connection with the goods set forth in the Application is likely to cause confusion, cause mistake, or to deceive the public into the false belief that the goods offered by Applicant under Applicant’s Mark come from or are otherwise sponsored by or connected with Opposer, in violation of Section 2(d) of the Lanham Act, 15 U.S.C.
Really? Would anyone look at that Jesus image and realistically think that it is definitely an official DC Comics or Superman product? Maybe DC Comics are planning a religious-themed line as they have done with Hanna-Barbera. With the inevitable crossovers.
Superman Vs Jesus? Oh wait, no, that’s Doomsday Clock…