In a series of lawsuits, Walmart (Walmart) With Kanye．Vest (Kanye West) And companyYeezyThere was a fight over the ownership of intellectual property.

Kanye．What are the two disputes between Mr West and Walmart?

In the first dispute, Retail giant Walmart is reacting to a complaintYeezysubmitted, A trademark application containing a logo similar to the sun was challenged, They say the logo is very similar to their own Sun logo.

In the second dispute, VestandYeezyAnd filed a lawsuit against Wal-Mart, Says the latter has been selling withYeezy Foam RunnersThis running shoe "Hardly any difference" The product of. Under California and federal law, VestandYeezyAccused Walmart of false advertising and unfair competition.

Although these are two separate lawsuits, But the plaintiffs in both cases argued that the other's use of similar trademarks and designs would cause confusion among consumer groups, And misled consumers into thinking that the two brands were working together.

Both sides agree, Such linkages undermine the value of their respective brands. Yeezyexpression, Any association with discount retailer Walmart would undermine its status as a high-end fashion clothing brand. On the other hand, Walmart as a global brand also thinks withYeezyAssociation can damage its reputation.

How is Walmart doingYeezyWhere an opposition is raised to the registered trademark?

Under federal trademark law, The parties can file with the United States Patent and Trademark Office (USPTO) The Department carries out trademark registration work. This registration is not mandatory, though, But people are encouraged to register, This can provide the trademark owner with additional legal protection and rights.

similarity

When registering a trademark in accordance with federal regulations, If people find that certain potential trademarks are very similar to their own registered trademarks and may cause confusion, Then they can object to the application.

In the present case, Walmart is rightYeezyAn objection was raised to the application for registration, Claims that this trademark is associated with Walmart2007It has been in use since 2000 "Solar rays" Trademark similarity. Walmart says, This similarity might lead people to wonderYeezyThere is confusion about the origin of products and services, For example, there is a false association between the above products and services and Walmart. This is very important, Walmart has partnered with celebrities before, So consumers are likely to think Walmart has anything to do withYeezyAnd its designer, Kanye．West has worked on similar collaborations.

compete

besides, Walmart also argued thatYeezyIs trying to apply its trademark to a wide range of goods and services, Many of them are in direct competition with Walmart, This includes music records, outfit, Retail service, Streaming media and entertainment venues.

Trademark dilution

Walmart further states that, ifYeezyThe trademark application is approved by the plan, That would dilute Walmart's trademark. Trademark dilution refers to the use of something through unauthorized use "eminence" Trademark to weaken or reduce its value.

Whether Wal-Mart engaged in unfair competition?

VestandYeezyWal-mart is suspected of copyingYeezy Foam RunnersRunning shoes, According to California "Unfair competition law" And American "Lanham process" A lawsuit was filed against the latter. The above unfair competition involves a range of cheating, Misleading or fraudulent conduct, These behaviors will bring certain economic losses to other enterprises or individuals. YeezyAnd west thinks, The similarity between the shoes can cause consumers to have a problem with Walmart vsYeezyConfusion arises between the associations, Thus diluteYeezys brand.

above "Unfair competition law" Prohibit anyone to carry out illegal, Unfair or fraudulent business practices, And publish advertisements that are misleading or false. These illegal acts include any violation of the Federation, Act of state or municipal law. In addition, Unfair practices include actions that violate established public policy, Or be seen as immoral, oppressive, Or conduct that would seriously harm the interests of consumers.

meanwhile, California law and federal law "Lanham process" It also explicitly prohibits people from publishing false advertisements. To succeed in a case like this, The plaintiff must prove that the claims in the advertisement were untrue and misleading, And the defendant, with reasonable care, also knew or should have known that the statements were inaccurate or deceptive.

Consumer confusion and damage to sales and reputation

The plaintiff argues that, Wal-mart sells shoes withYeezy Foam RunnersIt's almost exactly the same, This is confusing and potentially damaging to consumersYeezySales and reputation. They cited reviews left by customers on Walmart's website. These consumers say, If it wasn't for the knockoffs that Walmart sells, They've probably already bought itYeezys shoes, And they thought the products they sold at Walmart wereYeezyGenuine running shoes. In addition, Mistaken for a pair of running shoes you bought at WalmartYeezy Foam RunnersConsumers also expressed dissatisfaction with the quality of the counterfeit products. Plaintiff claims, This look is similar to the one sold by Walmart, Lower priced and allegedly inferior quality products were seriously harmedYeezySales and reputation.

It is worth mentioning that, In response to the above allegations, Walmart argued that the shoes were sold on its website by a third-party seller, Walmart has since removed the product from its website.

conclusion

VestandYeezyA settlement was eventually reached with Walmart. merely, Details of the settlement were not disclosed. (Be compiled fromwww. mondaq. com)

TRANSLATORS: Liu Peng　proofread: Wang Dan

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