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Lance Armstrong Foundation sues pet firm |
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Written by Felix Da Silva (fdasilva@bitnip.com)
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Saturday, 15 September 2007 |
 The Lance Armstrong Foundation has sued Oklahoma's Animal Charity Collar Group alleging trademark infringement of the foundation's well-known LiveStrong yellow wristbands.
Animal Charity Collar Group, a for-profit company, produces yellow pet collars
imprinted with slogans such as BARKSTRONG and PURRSTRONG, which are sold on over
the Internet on their Web site www.barkstrong.net, and on retail sites
like Amazon.com and eBay.
Their slogans, BARKSTRONG and PURRSTRONG imprinted on yellow pet collars bears a striking resemblance to the distinctive yellow silicone bracelets that the Lance Armstrong Foundation sells to raise money for cancer research.
The Foundation has used the LiveStrong slogan since 2003. The slogan is
found on distinctive yellow silicone rubber wristbands sold through the
Foundation. More than 70 million wristbands have been sold at $1 each, according to the
lawsuit.
The Foundation seeks, in addition to an injunction order ending the use of the
BARKSTRONG and PURRSTRONG slogan by Animal Charity Collar Group, that www.barkstrong.net be
shut down, all infringing products be destroyed, and unspecified monetary
damages.
The Foundation also seeks corrective advertising and widespread public
notice disavowing any connection between Animal Charity Collar Group and the
Foundation, and that the Group withdraw pending trademark applications for its
collars.
The Foundation seems to be on good footing as it seems to be fairly clear that the Animal Charity Collar group intends to infringe their trademark. Even if not, it is a clear case of passing off in my opinion.
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