Crayola has accused Alex Toys of putting crayons bearing the trademark “Crayola” into its products, claiming it is not only counterfeiting, but it also dilutes their trademark.
Crayola crayons are not just another brand: the oily crayons have been used by children for more than a century. Two hundred billion (that’s 200.000.000.000!!) Crayola crayons have been sold, and 3 billion more are produced each year. The mark originates from the French word “craie” (chalk) and “ola,” short for “oleaginous” (oily).
The crayons company is seeking damages in the order of $2 million for “each counterfeit mark for each type of good and service” Alex Toys has infringed.
Moreover, Crayola claims Alex Toys uses the “plural version” of the trademark: ‘Crayolas’, which not only dilutes the trademark, it uses the trademark as a generic, which – when done structurally – can lead to the loss of trademark rights.
Such an iconic brand, such a well-known trademark. It is very likely Crayola is going to win this one. The writing is on the wall (all of you with children know that’s is were the crayons usually end up).
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