Trademark Musings

Thoughts on trademark issues by Laura Winston

Porsche v. Crocs

It gets my attention when a trademark dispute makes the mainstream news.  In the case of Porsche suing Crocs in Germany, the newscasters on the 24-hour news stations had a grand time making fun of Porsche for filing this lawsuit.  Both companies are using the trademark CAYMAN.  But Porsche is using it for an ultra-luxury ultra-sports car, and Crocs is using it for the beach shoes that inspire strong opinions from people who seem to have something against bright-colored rubber with charms adorning feet.   The threshold question in a trademark infringement suit is whether likelihood of confusion exists.  Whether you love or hate Crocs, you are unlikely to be confused between rubber footwear and a sleek sportscar.

My husband and I had our honeymoon on the Cayman Islands, and I’ll tell you, it wasn’t much of a place to drive.  In fact, it’s the only place where I’ve ever driven on the left side of the road, because the driving was so easy and slow that I had no fear.  So in my opinion, CAYMAN for beach shoes is suggestive, CAYMAN for a sports car, arbitrary at best.

November 25, 2009 - Posted by | Uncategorized | , ,

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