Jägermeister VS. Milwaukee Bucks – A trademark fight between deers

Veröffentlicht am: 31. January, 2017

Jägermeister filed a complaint against the US-NBA franchise over the registration of the new Milwaukee Bucks logo. It looks similar to Jägermeister’s trademarked deer head emblem.

The german liqueur maker took steps to have the U.S. Patent and Trademark Office cancel its registration of certain trademarks related to the Bucks new logo. Jägermeister and USPTO’s Trademark Trial and Appeal Board (TTAB) filed a petition to oppose U.S. Trademark Serial No. 86586186. This trademark application would register a logo very similar to the one Jägermeister is using at this moment. It involves concentric circles, a deer’s head same as the liqueur maker’s logo does.

The new logo of the Bucks was published as part of the team’s rebranding project. Because of their mantra “Fear the Dear” they do identify with the deer. A deer’s head had graced their previous logo as well.

The class in which the logo should be protected in is trademark class 41 for education and entertainment services. The majority of Jägermeister’s trademarks are registered in class 33, which covers alcoholic beverages except for beers. But one mark is overlapsing with trademark class 41: : U.S. Trademark Serial No. 79009630. Jägermeister’s opposition petition identifies five different grounds for opposition, including priority and likelihood of confusion, dilution by blurring, dilution by tarnishment, false suggestions of a connection with an institution as well as deceptiveness.

Nevertheless it seems like this case does not need to be cleared at court. Until now the parties did not release a formal agreement but they are willing to solve the dispute with a civil approach on the matter.

Jägermeister’s trademark attorney said in a Sporting News report “The filing was a formality to preserve our intellectual property rights. We expect to come to an agreement with the team soon and appreciate the climate of partnership and fair cooperation with the Milwaukee Bucks in the process, “. The Basketball team shared the same opinion about settling the dispute amicably.

Sources: trademarklawyermagazine.com | ipwatchdog.com | biztimes.com

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