Monday, July 04, 2011

Today's trademark question

picture of child on play equipment made to look like John Deere tractor
Dilution?  John Deere does license children's toys, though not so far as I'm aware play structures.


Bret Moore said...

Hi, Rebecca. A quick image search for "john deere kids tractor" had a lot of hits. Try this link:

Still, I don't know. That's a common name, I'm sure, and that wooden tractor looks nothing like the very distinctive green/yellow design of the toy tractors. It's obviously out somewhere rural and I assume not being mass produced and sold, so I think I'd tell the asker "you're probably okay." Am I right? What do I win? :)

RT said...

I know there are a lot of kid's toys, but I wasn't sure there was any kid's play equipment. Since lack of confusion isn't a defense to a dilution claim, the lack of similarity in appearance might not be enough to protect the defendant making commercial use of this charming toy, sadly.

I have nothing to award but a Marvel-style No-Prize, I fear.