The Times reports that Burberry has settled an infringement case with an American company concerning its Prorsum logo and the Burberry check. Marco Leather imported goods from China bearing the logo and the check, and also tried to register a knight logo with the USPTO. Marco’s knight had no banner and faced the other way from the Prorsum knight.
The IPKat says that if you are going to be silly enough as to infringe someone else’s trade mark, for goodness sake don’t bring it to their attention by applying to register the subject-matter of the infringement. He wonders though if consumers really would be confused by a mirror image of a logo. He suspects that consumers would see it rather as an attempt to create an association with Burberry, rather that as a sign that the goods were made by Burberry.
Some years ago in an advertisement dated 1st April BMW warned readers to look out for counterfeit models. They purportedly had the circular crest with blue and white quadrants but as a mirror image of the genuine crest. There followed a series of bizarre tests for confirming such cars to be counterfeit or not.
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