Apparel Company Owned By Tiger Woods Face Trademark Dispute
On September 27th, 2024, Golf Monthly reported that an apparel company that is owned by golf star Tiger Woods is facing a trademark dispute. Another business has filed a trademark opposition to challenge a petition by Sun Day Red. Within this article, our Boca Raton trademark infringement lawyer provides an overview of the dispute and the legal standard.
Sun Day Red Faces Trademark Dispute
Sun Day Red is a Florida-based apparel company owned by Tiger Woods. The company—which was co-developed by TaylorMade—is currently facing a trademark dispute from Tigeraire. Tigeraire is a Louisiana-based company that produces cooling products for athletes. Tigeraire has filed a Notice of Opposition with the U.S. Patent and Trademark Office (USPTO). The opposition contends that the Sun Day Red logo unlawfully resembles their own—which features a leaping tiger. In opposing the trademark, the company argues that the similarity between the two marks will cause confusion among consumers. As such, the Louisiana company wants Sun Day Red’s trademark application denied by the USPTO.
What is a Trademark Opposition?
Broadly explained, a trademark opposition is a formal challenge against the registration of a trademark. It is filed by a third party who believes the proposed mark infringes on their own registered or their own pending trademark. The federal trademark registration process involves an opposition period. The opposition period is after the trademark’s approval but before its final registration. If successful, an opposition can block the registration of the disputed trademark.
Things that Must Be Proven to Successfully Oppose a Trademark
If you are considering filing a trademark opposition, it is imperative that you are prepared to build a strong case. To successfully oppose another party’s trademark, you must prove that:
- Ownership of Existing Trademark (Standing): To start, a trademark opposer must demonstrate a real interest in the case. Typically, this means that they must have a direct and personal stake in the outcome. You or your business should have ownership rights over an existing trademark.
- Priority Over the Mark: Next, the opposer must establish that they have seniority over the contested trademark. They must demonstrate that they used the trademark in commerce first—before the filing date of the applicant’s trademark. Evidence of priority can include the date of initial, advertising practices, and sales under the trademark.
- Grounds for Opposition: One of the most common grounds for opposition is a likelihood of confusion among reasonable consumers. The opposer must establish that an ordinary average consumer would likely have confusion regarding the true source of goods or services covered by the trademark. Other potential grounds for trademark opposition include: A) Mere descriptiveness, B) No intended commercial use, and C) Bad faith.
Contact Our Boca Raton, FL Trademark Infringement Attorney Today
At Perkins Law, our Florida intellectual property lawyer has extensive experience handling trademark infringement cases. If you have specific questions about trademark infringement, we can help. Reach out to us by phone or connect with us online to set up your confidential consultation. We handle trademark oppositions all across South Florida and throughout the United States.
Source:
golfmonthly.com/news/tiger-woods-sun-day-red-brand-faces-trademark-dispute-over-logo
