As you know, CARDWARE likes to delve into clothing styles for a wide target audience. Recently, it came up with a name for its slogan which CARDWARE has placed on the right front of its jersey sweaters. It also has a boomerang symbol with the words, “Just Use It.” underneath it. The well-known athletic clothing manufacturer Nike® found out about the Cardigans use of a slogan they claim is similar to their own and now want to bring a lawsuit against CARDWARE Inc. Discuss whether or not Nike has a case. Be sure to discuss the principals associated with trademark infringement and give your opinion whether or not you think the two slogans are confusingly similar or not. HINT: Place phrase words such as “Famous Legal Trade Dress” and “Slogan Infringement ” into your search engine for cases that may be similar so that you may help engage your peers in a lively discussion.
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CARDWARE Slogan Infringement
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Nike vs CARDWARE Lawsuit about their Slogan
In order to rule on whether Nike has a case against CARDWARE regarding the use of a slogan that is similar to theirs, it is important to look at the definition of the terms slogan and trademark. The United States Patent and Trademark Office (USPTO) recognize and register slogans in their own right (Fishman, 2016). However, for a slogan to be registered as a trademark by the USPTO, it must be distinctive in nature. An example of a distinctive slogan is “I can’t believe it’s not sugar!”. Such a slogan is different and distinctive and it conveys a brand of sweeter, conveying information that it is of close resemblance to sugar. Now considering the case of CARDWARE and Nike®, Nike can only sue CARDWARE for trademark infringement if their slogan is inherently distinctive and resembles that of Nike®. The slogan for Nike “Just do It” is distinctive and is inherently known to be linked to the Nike products. The new slogan for CARDWARE “Just use It” for new products offers close resemblance to the slogan for Nike, which is……………………………………………………………………………………………………………………………………………………………………………………………………
