|Start the day with Nugtella?|
News commentators are reporting on the incredible nature of this product and at least acknowledge that Ferrero the producer of Nutella, is not involved at all. However, the trade mark lawyer cannot help but counting the possible claims for a cause of action. For example, Section 43(a) of the Lanham Act proscribes the "false designation of origin through the wrongful use of another’s trade mark" and courts will look at the following factors: strength of the plaintiff's mark, the degree of similarity between the two marks, the proximity of the products, the likelihood that the prior owner will bridge the gap, actual confusion, and the reciprocal of defendant's good faith in adopting its own mark, the quality of defendant's product, and the sophistication of the buyers.
|Did these cats abuse |
As of today, Ferrero which is notorious for protecting its Intellectual Property rights -- much to the dismay of fans, World Nutella day came to an end last May-has not made any public comment or taken any legal steps yet -- while the Piemontese cat is away for August vacation, the infringing mice can play.
Cat eating Nutella here.
Does Catnip get cats high?