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? :)
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.
Hi, Rebecca. A quick image search for "john deere kids tractor" had a lot of hits. Try this link:
ReplyDeletehttp://www.google.com/search?tbm=isch&hl=en&source=hp&biw=1366&bih=649&q=john+deere+kids+tractor&gbv=2&oq=john+deere+kid&aq=0&aqi=g5&aql=undefined&gs_sm=e&gs_upl=813l3315l0l14l11l0l1l1l0l212l1507l3.5.2l10
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? :)
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.
ReplyDeleteI have nothing to award but a Marvel-style No-Prize, I fear.