US rapper Eminem has taken legal action against an Australian beachwear company called Swim Shady, saying its name is too similar to his trademarked rap pseudonym Slim Shady.
By the same reasoning, couldn’t Mars sue Eminem saying his name is too similar to their trademarked product name M&M’s?
IANAL but I thought part of trademark law was examining whether a reasonable person would confuse the two and I can’t imagine someone mixing up an American rapper with an Australian beachwear company, but I imagine Eminem has a clothing line that would be considered part of the same industry.
I think that the initials M&M have been sufficiently well used by various entities throughout history that they could not hope to prove that the name originated with them. Given that part of maintaining a trademark is defending it against encroaching use the existence of other corporate M&M companies, M&MDirect for example, would lead to their lawsuit failing.
Swim Shady, on the other hand makes no sense at all as a name if Slim Shady wasn’t already a well known thing.
Swim Shady is a leading manufacturer of high-quality beach shades, bags, towels, and swim shorts. Our products are designed to protect you from the sun’s harmful rays while providing comfort and style. Swim Shady products are perfect for sun-safe travellers seeking adventure.
That makes the name pretty clear and meaningful entirely outside of the existence of a Slim Shady.
By the same reasoning, couldn’t Mars sue Eminem saying his name is too similar to their trademarked product name M&M’s?
IANAL but I thought part of trademark law was examining whether a reasonable person would confuse the two and I can’t imagine someone mixing up an American rapper with an Australian beachwear company, but I imagine Eminem has a clothing line that would be considered part of the same industry.
I think that the initials M&M have been sufficiently well used by various entities throughout history that they could not hope to prove that the name originated with them. Given that part of maintaining a trademark is defending it against encroaching use the existence of other corporate M&M companies, M&MDirect for example, would lead to their lawsuit failing.
Swim Shady, on the other hand makes no sense at all as a name if Slim Shady wasn’t already a well known thing.
Yeah I mean there’s a tool company in the town that I live at that’s called m&m and nobody’s confusing them for a small bag of candy.
That makes the name pretty clear and meaningful entirely outside of the existence of a Slim Shady.
The thing here is that it’s unlikely for, let’s say an investment firm, to be confused with candy.
Same for swimwear and a rapper.
Details.