DC Comics likes to enforce a few of its visual trademarks. Anything shaped like a five-sided shield. Anyone standing with a cape. Two letter Ws above and below each other. And a bat silhouette.
One such it has found being registered by JinJiang OuPinHui Garments of China. They have already objected to this image:
Which is still waiting for a legal response, but for the following image:
Used as a logo on their clothing, and registered as a trademark for “Bathing suits; Braces as suspenders; Clothing layettes; Dresses; Footwear; Gloves as clothing; Hats; Hosiery; Neckties; Tee-shirts; Underwear”…
…has led DC Comics to move ahead with a trial date.
DC Comics states that the JinJiang OuPinHui image is similar “in sight and commercial impression, because of the similarities between the bat design contained in Applicant’s Mark and the bat designs and BAT-formative word marks contained within Opposer’s Marks” and that “Applicant’s goods to be offered under Applicant’s Mark are identical and highly related to goods sold under Opposer’s Marks and, upon information and belief, will be sold to the same customers or types of customers to whom goods bearing Opposer’s Marks are to be sold.”
Moreover, “consumers are likely to be deceived into falsely believing that the goods offered by Applicant under Applicant’s Mark originate 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 Opposer, all to Opposer’s injury and harm.”
Oh dear. Discovery will begin in April… unless the two sides can come to some agreement before then.
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