Скачать или смотреть Trademark Case Study: Battle of the Bocks! - Angela Langlotz Dallas Trademark Attorney Explains

Find me online at https://trademarkdoctor.net

A friend of mine was in Aldi a couple of weeks ago, and was confused by bock, so of course he had to message me and tell me about it. He even sent a photo of the confusing bock, saying that he had mistaken the fake bock -- BROEGEL brand bock for his favorite SHINER brand bock. Upon seeing the image he sent over, I can certainly see why. His experience is the classic case of consumer confusion that the trademark laws are intended to prevent.

Two marks are confusingly similar if a consumer would be confused as to the source of the goods or services. If the goods are the same or “related” and the marks are similar, then there is a “likelihood of confusion” and that likelihood of confusion means that the junior mark infringes the senior mark.
Here, we have identical goods: Bock, which is, according to the internet, “a strong dark beer brewed in the fall and drunk in the spring.” The fact that the goods are exactly the same is a strong factor in any “likelihood of confusion” analysis.

The goods are packaged in the exact same shade of yellow; and the bottles for both brands have a yellow label at the neck and a red bottle cap. The cartons both feature a horned animal. On both cartons, the lettering is sort of a medieval-style lettering in grey, with the word “bock” in a red color. To make matters more interesting, SHINER bock is sold at Trader Joe’s, and BROEGEL bock is sold at Aldi, which are owned by the same parent company.

Have a look at the two images side by side, and the similarities are obvious. I don’t know which company is the senior user here, but if I were lawyers for the senior user, I’d be firing off a cease and desist letter right quick.

Trademarks exist to inform the consumer as to the source of the goods, and companies use trademarks as a visual or auditory signal to the consumer that their company is the source of the goods. It transfers the reputation and the goodwill of the company to the goods or services being offered, and gives a consumer confidence as to the qualities of the goods or services, and informs them what to expect. A consumer shopping at a Neiman-Marcus store has a different expectation than a consumer shopping at Target, both as to the shopping experience and the goods on offer. When a consumer is confused, and cannot distinguish the source of the goods -- that is, the company behind it -- that is a classic case of consumer confusion. Note, however, that consumer confusion needn’t be proven; a likelihood of confusion taking into account a number of factors is all that must be shown for a junior mark to be considered infringing.

Find me online at https://trademarkdoctor.net. Leave questions or comments on my Facebook page at http://link.trademarkdoctor.net/FB and I'll answer them in a future LIVE video. “LIKE” my Facebook page to be notified every time I go LIVE.