A recent battle has come to light between a small business and outdoor equipment brand, The North Face.
The battle between the trade marks is based in the US against a small independent t shirt company formally known as ‘The Trap Face’. The only element of change between the two marks is the words ‘trap’ and ‘north’ which is up for discussion whether there is a likelihood of confusion here. Not only are the word elements alone similar. It has been reported that the independent company has also ‘copied’ the infamous logo of The North Face.
If searched, it can be noted there are strong inherent similarities between the logos baring the same colour, highly similar front and also a similar ‘half dome’. All of these points collated together amount for the infringement that this claim is based upon.
It could also be noted that The North Face are concerned about their reputation. This is because the term trap is commonly known as a run down dwelling where drugs can be brought/sold. There is a risk that the average consumer could believe that the two marks are from the same company and therefore there is a likelihood of association here. As a result, this is not a term that The North Face would want to be associated with as there is a risk it could be detrimental to the business moving forward.
This lawsuit is still ongoing in the US and we will provide you all with updates once a decision has been made.
If you have any questions regarding the above or have any questions regarding trade mark infringement then please do not hesitate to contact the Trademarkroom team today.
