|Can I Borrow It For My Next|
Bar Association Meeting?
It would be unfit to bear petty feelings as this case is bigger than life. Litigation went on for more than ten years, the goods are sold with seven figure price tags, and clients are stars. To make matters even more interesting, the litigation is somewhat a family affair.
No wonder that Marilyn Monroe purred “Talk to me Harry Winston, tell me all about it” in her Diamond’s Are a Girl’s Best Friend number in Gentlemen Prefer Blondes! You may remember that, in the movie, and also in the book by Anita Loos, Lorelei Lee needs to rely on the kindness of millionaires to expand her diamond collection. Well, today the price of such jewels still range from “a few thousand to a few hundred thousand and in some special cases, a few million dollars”(p.39). Applicant argued however, that Harry Winston’s customers sometimes bought jewelry on an impulse (oh the glamour!), and thus were not necessarily be considered to be sophisticated for the purpose of the fourth du Pont factor But the TTAB noted that while customers brought “an increased degree of care to the selection of the goods,” they are “not immune from trade mark confusion” (p.55). It’s nice to know that millionaires are consumers, just like us.