Intellectual Property Law

JAPONAIS: Identity Beyond Coincidence (And Don't Blame Your Mom)

By Marty Schwimmer

Plaintiff sounds a bit like a cross between Nathan Thurm and Mr. Devious (from the Monty Python motor insurance sketch).

Defendant/Counter-claim plaintiff, operates the JAPONAIS restaurants, using the logo above. Apparently the JAPONAIS restaurants are well known. Plaintiff filed a trademark application covering the mark depicted in the bottom drawing, claiming that the similarities were totally coincidental.

Footnote 1 of the decision explains why the coincidence is impossible and plaintiff's testimony is incredible.

Footnote 4 suggests that this Court will not allow parties to blame their mothers.

Also, if you put 'Since 1956' in the logo of the company you started in 1984, you will raise eyebrows.

Decision Japonais

Full post as published by Trademark Blog on July 23, 2009 (boomark / email).