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:
Art Van
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
Companies: hershey

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  1. icon
    Mike (profile), 31 Oct 2008 @ 11:31pm

    Re: It was Dilution

    You are unnecessarily inflammatory.

    No, actually, it was quite necessary. Because this is a ridiculous ruling and deserves to be treated as such.

    it's perfectly acceptable to plead alternate theories

    We've discussed in the past why dilution doesn't make sense for trademark law. I'm sorry that you disapprove but I am still allowed to have an opinion and speak my mind. Or are you going to find a law against that?

    But you prefer to play to your mindless chorus of sycophants rather than actually discuss the merits of the legal theory upon which the decision was made.

    Dude, it's a silly lawsuit. This isn't the law review. I just thought the story was amusing.

    In the past, I have discussed the merits of the legal theory of dilution, but this was just a fun post. You might want to try looking around for that sense of humor you lost. It's rather helpful.

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