Trademark Tiff

[El Presidente]

https://halfwheel.com/gurkha-sues-davidoff-over-year-of-the-dragon/432823/

"Gurkha has filed a lawsuit against Davidoff over the latter’s Year of the Dragon limited edition cigar, which Gurkha claims violates its trademarks."

[MoeFOH]

One would have thought too much public domain usage to enforce a trademark there. 🤔

But, for the record, I'm not a TM attorney. 

[MoeFOH]

Probably just dirty because Davidoff's packaging kicked their arse. 

[Grimlock]

Their suit seeks damages for lost profits. Are they really trying to say people wanted to buy their product and were misled into spending $640 on the Davidoff box? It will be interesting to see if Plasencia puts out a YOT Dragon box this year.

[MrBirdman]

This is effectively the trademark equivalent of patent trolling. The likelihood of consumer confusion here, which is required for a showing of infringement, is almost nonexistent. The mark itself is weak too. They’re looking for a settlement that guarantees them exclusive use of the phrase moving forward. So Davidoff may litigate it.

Scummy behavior but it’s not uncommon. Apple is particularly egregious. But hey, the lawyers need something to do I guess.

[MrBirdman]

36 minutes ago, MoeFOH said:

One would have thought too much public domain usage to enforce a trademark there. 🤔

Public domain is a copyrights concept - you can trademark almost anything as long as you actually use it. 

[El Presidente]

4 minutes ago, MrBirdman said:

Public domain is a copyrights concept - you can trademark almost anything as long as you actually use it. 

Thanks Brett. 

Steve's position as FOH attorney is under review. 

 

 

[westg]

Pretty easy really for Davidoff. A little language warning.

https://youtu.be/KleseAAmUKw?si=9PvLdPbgw5lbMuKE

[Fuzz]

I guess I can now sue Rocky Patel for cultural appropriation.