Tiger Woods Owned Apparel Line Faces Another Trademark Infringement Claim
According to a report from Front Office Sports, an apparel company owned by golfer Tiger Woods is facing a second trademark infringement lawsuit from a competitor. Puma contends that the Sun Day Red logo is confusingly similar to its own “Leaping Cat” logo. Notably, the Tiger Woods owned company is already facing a trademark claim from another competitor. Here, our Florida trademark infringement attorney provides a comprehensive overview of key points to know about the dispute.
Trademark Infringement Allegations: Sun Day Red Logo
Last year, Tiger Woods made a major investment into an apparel line. The company is called Sun Day Red—making reference to the famed golfer’s tradition of wearing a red shirt on the final day of major golf tournaments when he was in contention. That company is now facing its second trademark infringement lawsuit in the last several months. Puma—the German-based athletic apparel company—argues that Sun Day Red’s tiger logo resembles Puma’s iconic “Leaping Cat” logo, potentially causing confusion. Puma is seeking to block Sun Day Red from using the current logo. It has taken action with the USPTO. For its part, Sun Day Red denies that infringement has occurred.
A Logo that is Confusing Similar May Be Trademark Infringement
A trademark is a form of intellectual property (IP). It can be protected. Logos are a big part of trademark rights. Notably, a logo that is confusingly similar to another may constitute trademark infringement. Broadly explained, trademark infringement occurs when a mark or logo is so similar to an existing one that it creates a likelihood of consumer confusion regarding the source of goods or services. In determining whether or not trademark infringement has occurred, the USPTO (and courts) will evaluate a wide range of different factors, including visual resemblance, industry overlap, overall consumer perception, and any evidence that actual confusion has occurred.
A Trademark Must Be Registered for the Maximum Brand Protection
Trademarks can be one of the most valuable, effective brand protection tools. For businesses and organizations, registering a trademark is essential for ensuring maximum brand protection. While businesses can acquire some rights through common law use, a federally registered trademark offers far more comprehensive protection. For that reason, registration with the USPTO establishes nationwide ownership of the mark, deters potential infringers, and allows the trademark owner to pursue legal action to stop infringement far more effectively. Another major advantage of formally registering a trademark is that it allows businesses/organizations to take action to block confusingly similar marks from being approved. It also provides the ability to use the ® symbol.
Consult With Our Florida Trademark Infringement Lawyer Today
At Perkins Law, our Florida intellectual property attorney is committed to helping clients develop and protect their brand. Have questions about trademark laws? We can help. Give us a phone call now or contact our IP team online for your completely confidential, no obligation consultation. We provide representation to both plaintiffs and defendants in trademark disputes in Florida.
Source:
frontofficesports.com/puma-lawsuit-tiger-woods-sun-day-red-logo-challenge/
