Can A Moron In A Hurry Tell The Difference Between A Hershey Bar And A Couch?
from the yummy-cushions... dept
There are some legal decisions that just make no sense. Gunnar writes in to let us know of a story in Michigan, where a judge has ordered a furniture store to stop using a design that shows a couch being unwrapped from a candy bar. Hershey’s sued the furniture company, claiming it violated their trademark on unwrapping chocolate bars:
But here’s the thing: even the judge admits that trademark law shouldn’t
apply here because it’s a totally different business and there’s little chance of customer confusion: “While both parties cater to the general public, there is no indication that their customers are predominantly the same. Even if their customer bases overlap to some extent … the risk of consumers confusing a furniture outlet with a candy store, or vice versa, appears remote.” Those are all things a judge says right before denying
the trademark claim, but in this case, it went the other way. If a moron in a hurry isn’t likely to be confused, then there’s no trademark infringement. The furniture store wasn’t even using the image yet — but just had it in a contest for truck designs. At least the company hadn’t spent too much money painting up all the trucks.
Filed Under: chocolate, couch, furniture, logo, moron in a hurry, trademark