Two Georgia Sausage Companies Battle Over Trademarked Logos That Aren't Particularly Similar
Andrei Mincov's commentary on the original article
When the only similarities between the two brands in question are so common that they no longer function to distinguish products and services of one brand from identical or similar products and services of everyone else, your trademark infringement argument is doomed. Unless the totality of similarities leads one to believe that it was a deliberate attempt to take a free ride on the reputation of your brand. Here we have more than just a pig. We have a general shape of a circle We have an inner circle. We have the word "store". We have a pig. We have the word "EST." followed by four digits representing a year. We have a name that ends with a possessive "'S". Taking the literal elements out of the equation, the real question is, does Stripling's logo have anything to it that can ever be enforced? And if yes, what are they?