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on Open Mic for the week of 11/25/2024
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I’d like to joke that it must be a slow day at the Nike legal department, but the logo really does bear a strong resemblance to the Nike/Jordan logo, just rotated. Even the off-arm is in about the same position. That’s not to imply any intention on the part of CrossFit, just that even if inadvertently they came too close, imo.Report
I’m no Chicagoan or a huge Jordan fan, but it looks like a rotated Jumpman to me.Report
IANAL, but I know some vague things about the spirit of trademark law. The critical question that must be answered is whether it could conceivably be confusing to customers. And this includes not only loyal customers, but also those who might only be vaguely aware with the logos. Could someone look at the Crossfit logo and mistakenly think Nike has some association with it? I think the answer is yes. It could be confusing. Crossfit should stop using it.Report
It’s incredibly not similar and I have a hard time believing Nike would prevail if it came to court. Of course, outcomes (from what I’ve seen tend) to be pretty unpredictable even when the facts of the case seem obvious either way. (obvious disclaimer – IANAL).
Certainly I have seen things with significantly more similar logos pass than this.
Of course, I am biased in that I find trademarks to be dramatically overbroad and fundamentally flawed. Would you suggest that Nike should essentially own all silhouetted images of jumping persons with legs kicked?Report
Huh, I’d think Crossfit would get their butt handed to them, not only because to me it is *extremely* similar, but both companies are in the fitness business, causing concern over possible consumer confusion.
But if you’re right, I can go ahead and open my new fast-food restaurant, WacDonald’s. My logo will be a large, curved, yellow “W”.
Like inverted arches.Report
You may also have to worry about lawsuits from McDowell’s.Report
I’ve told this story before, but when I was living in Frankfurt I kept seeing pizza delivery cars with the Domino’s logo/colors, but they said “Romino’s”.
I asked my German friend about them and he said they had originally just been “Domino’s”, but completely unaffiliated with the American company (they just straight-up ripped off the logo design and name).
After (US) Domino’s came after them legally (I think they were planning or had already expanded into operations there?), they changed the ‘D’ to an ‘R’, and kept on truckin’.Report
http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft
was far funnier.Report