from the f-off dept
There may be an unbelievable dearth of nuance in relation to how some corporations try to implement their logos. A few issues are true. First, an entity dangers dropping their marks in the event that they don’t rigorously implement them towards precise infringement. Second, the USPTO is way too lenient in granting marks which can be non-creative or which include very fundamental characters, like particular person letters and numbers. And, third, the outcomes of this are firm attorneys suing or opposing trademark functions in a fashion that finally seems very, very foolish.
Area Soccer One is a league that has existed for a couple of 12 months. The small league kicked off its inaugural season in 2024, shortly after submitting for logos on its names and emblem, the latter of which is “AF1”, with the “A” styled to have a soccer within the middle of it. And then Formula 1 came calling.
On Oct. 3, Method 1, which is a well-liked worldwide auto racing league, filed a “Discover of Opposition” earlier than the Trademark Trial and Attraction Board towards Area Soccer One. F1’s grounds for enchantment towards AF1 embrace, “probability of confusion,” and “probability of dilution.”
“The [AF1] Companies are leisure companies associated to sports activities, that are extremely associated to the leisure companies provided by the Method 1 Firms beneath the F1 Marks and lined by the F1 Registrations… The Applicant’s Mark encompasses in its entirety the Opposer’s F1 phrase mark and the ‘F1’ aspect is an identical in sight, sound and business impression, and is extremely just like the F1 Marks general. Each marks are pronounced equally: ‘A-F-One” and ‘F-One.’ They share the dominant, last sound aspect “F-One.” The preliminary “A” in “AF1” is prone to be perceived as a minor variation or prefix, making the marks phonetically very shut.” Attorneys for F1 said within the enchantment.
Chance of confusion is solely not on supply right here. That is the place the nuance of trademark regulation comes into play. It’s not sufficient for marks to be just like allege confusion. Additionally they need to, upon examination, exhibit a probability of confusion among the many hurried morons of the world. I’m merely going to place F1’s and AF1’s logos aspect by aspect beneath for you and allow you to resolve for your self simply how complicated they’re.
I’m sorry, however no. The logos aren’t that comparable, they use completely different coloration mixtures, there’s a soccer within the AF1 emblem, in addition to the league’s goddamned identify. Until we’re arguing now that morons in a rush can’t even learn fundamental English phrases, then there isn’t a confusion available right here. And I actually am a “moron” in relation to each F1 racing and area soccer within the sense that I don’t know or care about both of them. If somebody got here as much as me and requested if I needed AF1 tickets, I might ask them what the hell they had been speaking about, not what time the race is. All of the more-so in the event that they referred to as it “Area Soccer One,” a reputation that F1 additionally opposed.
I suppose what they’re going for right here on the dilution declare is dilution by blurring, which means that F1’s well-known mark might be weakened in power of affiliation with its product as a result of similarities with AF1’s. I’m going to go forward and name bullshit on that one, too. F1 has a handful of races in the US, certain, however Area Soccer One is a comparatively small and obscure sports activities league. I might like to see a shred of proof for true dilution as a consequence of its identify and emblem by F1. I’ve to imagine the consequences of AF1 current on F1 are primarily non-existent. And, be mindful, dilution is usually more difficult to show, as it’s a must to present it truly occurring.
Each Nike and Abercrombie & Fitch have additionally filed for extensions to oppose the marks. These appear to make even much less sense than the F1 opposition. I don’t know what Nike may very well be citing in opposition, however is Abercrombie & Fitch actually going to recommend that it’s merchandise are going to be confused with an area soccer recreation?
A lot of this form of factor seems like attorneys submitting oppositions for the sake of oppositions. And none of it seems designed to truly defend the buyer, which is meant to be the purpose of trademark regulation.
Filed Beneath: f1, likelihood of confusion, one, trademark
Firms: af1, arena football one, formula 1
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