David, Goliath And Reverse Confusion
Microsoft is once again at the forefront of a trademark infringement dispute , though this time the David in the story is on a bit weaker ground – it sells construction management software under the FOREFRONT brand and MS recently announced it will begin selling security software under that same brand – so clearly the claimed goods are different, but the marks are identical and there could be overlap in the channels of trade. Reading between the lines, the earlier user here is worried about reverse confusion, which occurs where a later user floods the market with its brand, subsuming the earlier user’s more modest reputation.
Though an established cause of action in the U.S., it’s only recently been recognized as being actionable in one Canadian case – however, in that case the A&W fast food chain was unable, on the facts, to prove that it had a cause of action against McDonalds in a battle of their respective CHICKEN GRILL and CHICKEN McGRILL sandwiches.
This entry was posted by Neil Melliship on Monday, September 18th, 2006 at 9:14 am and is filed under Branding, Protection & Enforcement. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
Got something to say?
You must be logged in to post a comment.