Video game franchise, Angry Birds, filed a trademark infringement lawsuit against a Florida based golf goods company, Angry Club LLC, claiming that Angry Club has infringed Angry Birds’ exclusive rights to the trademarked “Angry Birds” name. Angry Birds seeks to stop Angry Club from registering their name.
According to Angry Birds’ complaint, the alleged similarity between the two companies marks has undermined the Angry Birds’ wildly popular brand. While Angry Birds’ logo is a red bird appearing to be angry thanks to properly positioned black eyebrows, Angry Club’s logo is the “A” in Angry, personified with the addition of furrowed black eyebrows. The “A” is also red in color. The game developer behind Angry Birds, Rovio Entertainment Ltd. (“Rovio”), claims that the similarity between the “angry” characteristics in Angry Club’s “A” and the Angry Birds’ bird character creates confusion that renders Angry Club liable for trademark infringement.
Lastly, Rovio alleges that Angry Club’s actions have lessened the uniqueness of the Angry Birds’ marks and seek injunctive relief barring Angry Club from producing goods with marks that resemble Angry Birds’ marks. Rovio has filed an opposition to the registration of the “Angry Club” mark.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
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E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
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