Coq au vin?

The IPKat was bemused to learn from News10.net that winemakers E & J Gallo are suing the makers of ceramic chickens for trade mark dilution. The said chickens, together with a range of kitchenware, are being sold under the name Gallo de Oro by their Texan makers, Fitz and Floyd.

The IPKat says that behind the amusement value, there’s a serious issue. One might wonder whether consumers would view GALLO as being distinctive, since it’s not English, but then if one thinks about it, the US has a sizeable Hispanic population, who would see the word as descriptive, particularly when used in the context of this context. This all goes to show that if we choose to create a cause of action which spans uses across all classes, we need to think carefully about uses which may be distinctive in one class but descriptive in others.

Coq au vin? Coq au vin? Reviewed by Unknown on Wednesday, January 09, 2008 Rating: 5

2 comments:

Anonymous said...

A case of Gallo's humour?

Ilanah said...

Hmmmmm. Oh hang, I've been out-punned.

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