The life of a superstar is often under a magnifying glass: everything that the star does is news. The new perfume line by Kim Kardashian is no exception, it received worldwide attention.
One company was not so happy with the VIBES brand: Vibes Media. They think their logo was copied. The company filed a lawsuit with the main arguments that this logo from Ms. Kardashian is trademark infringement and unfair competition.
First and foremost, the logos use a thought cloud and the word VIBES. A similarity is therefore present. But is there also a trademark infringement here? Vibes Media states that there is confusion. However, it is necessary that the trademarks are registered or used for identical or similar products or services. Since Vibes Media is a hosting provider and VIBES a perfume, that is not the case. Since the similarity of products and services is a prerequisite for confusion, there is no confusion. Moreover, it is also unlikely that the consumer of perfumes would link the product to Vibes Media.
So, on the basis of the information we have, the chances of success are limited. On the other hand, it was a great way for Vibes Media to get a lot of publicity (which worked out very well).
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“Trademark protection gives freedom to do business.”