Trademark Tee Off : Tiger New Brand in the Bunker Bricker Graydon LLP

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Tiger Woods’ clothing line sparks controversy over trademark concerns with logo striking similarities to PGA Tour mark.

The similarity has raised concerns among golfers and trademark attorneys about potential infringement.

The Rise of Tiger Woods’ Clothing Line

Tiger Woods, one of the most successful golfers in history, has ventured into the world of fashion with his new clothing line, “Sun Day Red.” The collection, which debuted in 2022, features a range of apparel items, including shirts, pants, and hats, all bearing the iconic red color and the logo of a tiger. The line has been met with excitement from fans and golf enthusiasts, but it has also sparked controversy over trademark concerns.

The Trademark Issue

The logo of Tiger Woods’ clothing line bears a striking resemblance to existing trademarks in the golf industry. The logo features a tiger with a bold, red outline, which is similar to the logo of the PGA Tour, a major golf tournament.

The company has been a major player in the sports equipment industry for decades, and its products have been used by numerous professional athletes and teams.

The History of Slazenger

Slazenger has a rich history that spans over 150 years, dating back to 1867 when it was founded in London, England. The company started as a small manufacturer of cricket bats and has since grown to become a leading brand in the sports equipment industry.

Early Years

  • Slazenger’s early years were marked by innovation and perseverance. The company developed new technologies and manufacturing techniques that allowed it to produce high-quality cricket bats.

    This means that a company could potentially infringe on a trademark by using a generic term like “cat” or “kitty” in their branding, even if they’re not using a specific breed’s image. For example, the company “Whisker World” might use a generic term like “cat” in their branding, but still be considered trademark infringers if they’re using a feline image that’s too similar to a trademarked logo. This is because the use of a generic term doesn’t necessarily mean that the company is not infringing on a trademark.

    The Risks of Using Feline Imagery in Branding

    Using feline imagery in branding can be a double-edged sword. On one hand, it can be a powerful marketing tool, evoking feelings of warmth, comfort, and playfulness. On the other hand, it can also lead to trademark infringement claims, as discussed above.

    Key Considerations for Companies Using Feline Imagery

  • Trademark search: Conduct a thorough search of existing trademarks to ensure that your branding doesn’t infringe on existing marks.

    The USPTO will assess the likelihood of confusion among consumers, considering factors such as:

  • The similarity in the marks’ visual and phonetic characteristics
  • The proximity of the marks in time and space
  • The distinctiveness of the marks
  • The goods or services associated with each mark

    • Understanding the USPTO’s Evaluation Process

    The United States Patent and Trademark Office (USPTO) plays a crucial role in evaluating trademark applications. The evaluation process is designed to determine whether a mark is likely to cause confusion among consumers, thereby preventing the registration of a mark that could harm existing businesses.

    Factors Considered in the Evaluation Process

    When examining the applied-for mark, the USPTO considers several key factors to assess the likelihood of confusion. These factors include:

  • Visual Characteristics: The USPTO evaluates the visual similarity between the applied-for mark and existing registered marks.

    Public Figures Can Confuse Consumers and Complicate Trademark Disputes.

    The Impact of Public Figures on Trademark Disputes

    The association between a public figure and a trademark can significantly impact the validity of a trademark application. This phenomenon is often referred to as the “Tiger Woods effect.” In the context of trademark law, the association between a public figure and a trademark can lead to confusion among consumers, making it challenging for trademark owners to establish the distinctiveness of their mark.

    Examples of the Tiger Woods Effect

  • The example of Tigeraire, a lesser-known brand, opposing Slazenger’s trademark application for the term “Tiger” is a prime illustration of the Tiger Woods effect. Another example is the opposition filed by the NBA against the use of the term “Tiger” by a sports equipment company, highlighting the potential for public figures to influence trademark disputes. ### The Role of Public Figures in Trademark Disputes

    • The Role of Public Figures in Trademark Disputes

    Public figures, such as athletes, celebrities, and politicians, can significantly impact trademark disputes due to their widespread recognition and influence. The association between a public figure and a trademark can lead to:

  • Confusion among consumers, making it challenging for trademark owners to establish the distinctiveness of their mark.

    The case revolves around the use of the name “Sun Day Red” by a company called Sun Day Red, LLC, which is a trademarked name of a popular energy drink.

    The Background of the Sun Day Red Case

    The Sun Day Red case began with a company called Sun Day Red, LLC, which was founded by a group of entrepreneurs. The company’s founders were fans of the popular energy drink Sun Day Red, which was owned by a different company. The new company, Sun Day Red, LLC, decided to create its own energy drink with a similar name, hoping to capitalize on the popularity of the existing brand.

    The Trademark Issue

    The issue at hand was whether the new company, Sun Day Red, LLC, could use the name “Sun Day Red” without infringing on the existing trademark.

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