“Designer” dust plugs are no better than counterfeit purses.
Although the designers being copied are not creating their own versions of these charms, these charms still constitute infringement. This fashion law issue is similar to my infringement for the love of fashion post that covered trademark infringing “designer cell phone cases” on Etsy.
Successful trademark registration does not give a mark owner exclusive ownership of words; however, a trademark owner gets the right to oversee use of the mark and prevent use of a confusingly similar mark in the same line of goods or services.
Do you recognize which brand’s popularity is being used to sell the dust plug in the picture below?
- Degree of similarity
- Strength of trademark
- Existence of customer confusion
- Evidence of dilution
- Lack of sophistication on part of buyers to distinguish between the products