Last month we discussed the recent Wrigley The company filed a lawsuit against five cannabis companies that it accused of infringing on its trademarks. Cointreau now follows in the footsteps of Wrigley, Prosecute Manufacturer of Quatreau CBD infused soda water.
As we pointed out in our analysis of the Wrigley lawsuit, there is only a fine line between legal trademark protection and the obstacle to creativity. In the context of the Wrigley case, letting counterfeit “Skittles” leave the streets is the primary reason for the existence of trademark rights: if there are “Skittles” that are not made by Wrigley on the market, both Wrigley and consumers will be affected.
At the same time, it is hard to imagine that many people mistakenly believe that they are actually skittles to buy Zkittlez.In other words, it is likely that at least some People cannot tell the difference between these two brands, and may need to look at trademark law through the prism of these consumers. This will be decided by the court in the Wrigley lawsuit.
The Cointreau case seems to be one of the instances where the actual likelihood of confusion is low.First of all, it seems that there is no Quatro The brand is trying to emulate Cointreau.The last five letters of the two names are the same, yes, but will there be a risk of confusion between the two words Enlightenment, curse, introspection, and many more? The relative “unfamiliarity” of these terms may affect people’s perceptions, but do we really want to set a precedent for a brand called Locatelli to claim that the name of its competitor, Brancatelli, is too similar?
In addition, “eau” means water in French, Quatreau comes from Canada, and French is the official language of Canada. This at least shows the reason for using that particular ending, rather than tearing off Cointreau (which itself has nothing to do with water, it is a surname).
Maybe it really cares about the similarities between the names, but it may also be Cointreau trying to get potential competitors out of trouble. As the company itself pointed out, “it is…’actively considering’ the sale of non-alcoholic beverages in the United States, calling it a’logical extension’ of its brand.”
If you think that Quatreau is similar to Cointreau, it is equivalent to underestimating American consumers and thinking that it is a simple creature that cannot distinguish high-profile foreign words. Cointreau’s manufacturers may agree with this view, but the US courts should not do so.Cointreau should use its trademark to keep toxic counterfeit bottles booze Delisting instead of exempting potential competitors through legal tricks.