Red Wing is a town in Minnesota, famous for its pottery. Especially the antiques are sold for a lot of money. Now there is a dispute about the word Red Wing, of course not uncommon as names are an important asset.
Wells Valley Enterprises Inc. has filed a lawsuit against Red Wing Pottery Museum. The first company claims that their predecessors are producing Red Wing pottery since 1800. Since then the name has been used and the trademark has been registered. The Museum is an initiative of a group of collectors with the aim of preserving and protecting the Red Wing pottery. Besides the use of the name Red Wing, which is objected by Wells Valley, this company has also objections against the logo (left) as this logo is quite similar to the old logo of Red Wing. Moreover, the museum also sells pottery. Time for action.
But is Red Wing an indication of origin? Or a generic for this kind of pottery? Or is this name originating the products of Wells Valley Enterprises Inc? In all ways, an interesting law suit, whereas evidence will play an important role. A recent application of Red Wing Pottery is still under review by the USPTO but this review mostly concerns the word Pottery.
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“Trademark protection gives freedom to do business.”