Trademark News & Screw-ups Mott's Takes Legal Action Against Tasty Cloud Vape Co. Over Trademark Infringement

Another one in a series of lawsuits by big brands "adopted" by the vaping industry without the big brands' permission. Cases like this demonstrate the need for more clarity on the scope of protection outside of goods and services for which a known brand is registered in cases when it is obviously being exploited by others in a completely unrelated industry. I believe that it should boil down to the intention. Is there a plausible reason why the similar branding was used other than to take a free ride on the popularity of the underlying brand? If yes, we should go with the usual rules that trademarks only cover goods and services for which the underlying trademark was registered. If the only reason the similar branding was adopted was to take unfair advantage of someone else's fame, one should not be able to get away from liability by simply claiming that they are selling completely different products or services. What do you think?

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