I think that in this case, HC's lawyers could argue that both companies/brands offer child/parenting tips/articles and products (even if it's only her book)...obviously, HT's lawyers could argue the exact opposite, but again, it's only one of the factors that are considered. It's also quite common for a company to try and snatch up several marks that include a similar term as their original mark, in the hopes of preventing others from riding on their coattails (i.e., McDonalds has trademarks for a bajillion "Mc" names, HC filing all of the applications for terms with "Honest" in it). With TMs, you can have a registration based on "intent-to-use", and just file extensions for proof of use until you actually need to use the mark. You can also satisfy the use requirements pretty easily, depending on the class.
I'm not sure if HT was around first, and if they were, she could have common law trademark rights, but I believe she would have to proof a date of first use, and it is only until 5 years of continuous, non-registered use that the common law rights attach (but I haven't practiced TM law in five years since I moved in-house to do patents, so I may not be 100% accurate on that). Also, TMs are geographical in nature, which is more difficult now with the Internet, but that could also make a difference in the argument.
Seriously, though, this is just proper business practice for the HC. They are trying to protect their mark. Even though "honest" is descriptor and Honest Company is pretty suggestive and likely not a very strong TM, if they have a registration they will try and stop anyone from using domains/company names with "Honest" in it. I would not be surprised if Honest Kids had opposed Honest Company when they filed for TM protection. It's just the nature of the business.
It's not as simple as this being proper business practice, though. Sometimes things might be black and white from a law POV, but disastrous from a PR POV.
The court of public opinion can kill a new company like HC. And right now, HT is killing it in that court.
It's not as simple as this being proper business practice, though. Sometimes things might be black and white from a law POV, but disastrous from a PR POV.
The court of public opinion can kill a new company like HC. And right now, HT is killing it in that court.
Exactly, this could well be a case of winning the battle to lose the war. Jessica Alba is not nearly popular enough with the Mom market to take on HT and not have a huge hit from HT followers potentially ending her business or making it unprofitable since the market group they attract are very similar. in this situation I'd listen to PR advice over legal advice because it's the PR that'll be the real problem for a newer company still trying to solidify its customer base.
It's not as simple as this being proper business practice, though. Sometimes things might be black and white from a law POV, but disastrous from a PR POV.
The court of public opinion can kill a new company like HC. And right now, HT is killing it in that court.
Oh, I don't disagree.
But billable hours, yo. Lawyers aren't looking at it from a PR POV - they have to do their due diligence and allowing other "honest" companies/marks to exist could dilute their mark in the long run. Also, lawyers are assholes
Oh this is a terrible business move. Terrible. HT is beloved. HC will piss off HT readers who are their customers!! So, so, so stupid.
But even the patent lawyer above got the names mixed up which hilarious to me.
And this is why celebrities should get over the delusion that they can sell anything because they're famous. JA should stick to acting in mediocre films.
It's not as simple as this being proper business practice, though. Sometimes things might be black and white from a law POV, but disastrous from a PR POV.
The court of public opinion can kill a new company like HC. And right now, HT is killing it in that court.
Oh, I don't disagree.
But billable hours, yo. Lawyers aren't looking at it from a PR POV - they have to do their due diligence and allowing other "honest" companies/marks to exist could dilute their mark in the long run. Also, lawyers are assholes
I don't blame the lawyers its their job to inform hC of their legal options and their legal recommendations.
its up to the company CEO or whoever is running it to get a PR take and then make a decision based on what's in the long term best interest of the company. And whoever is doing that here is seriously failing or got some really bad PR advice.
But how are they similar services? Just because kids are involved? One is just a humor site that sells no product (other than a book of her humor). The other sells products that are kid consumables like diapers and cleaners. They are not similar services.
This is my school of thought. I have never confused them and ever say why this would be confusing b/c of the bolded above.
But how are they similar services? Just because kids are involved? One is just a humor site that sells no product (other than a book of her humor). The other sells products that are kid consumables like diapers and cleaners. They are not similar services.
This is my school of thought. I have never confused them and ever say why this would be confusing b/c of the bolded above.
Parents who don't follow this kind of thing - coughmyhusbandcough - I think can get these two confused. My husband didn't know the Graco who makes baby gear from the Graco who makes fluid-handling systems. Seriously, when researching watching me research baby stuff (his idea of which is strolling around BRU and saying "Oh, this looks nice! SMS, scan it") he was like "Graco makes BABY stuff? Since WHEN?"
And soon-to-be/new parents just now coming onto the scene? I can easily see how they'd be misled. I suspect this is HC's target audience.
This is my school of thought. I have never confused them and ever say why this would be confusing b/c of the bolded above.
Parents who don't follow this kind of thing - coughmyhusbandcough - I think can get these two confused. My husband didn't know the Graco who makes baby gear from the Graco who makes fluid-handling systems. Seriously, when researching watching me research baby stuff (his idea of which is strolling around BRU and saying "Oh, this looks nice! SMS, scan it") he was like "Graco makes BABY stuff? Since WHEN?"
And soon-to-be/new parents just now coming onto the scene? I can easily see how they'd be misled. I suspect this is HC's target audience.
LMAO I think the bolded is funny as all hell. But seriously the things for HC are so damn expensive I would have thought they would be more catering to the crunch green parents in the know... more so than the ones who cant tell Uppa Baby Vista from Graco. I dunno... I agree with the person that said tradmaking an adjective is just plain silly!
This is my school of thought. I have never confused them and ever say why this would be confusing b/c of the bolded above.
Parents who don't follow this kind of thing - coughmyhusbandcough - I think can get these two confused. My husband didn't know the Graco who makes baby gear from the Graco who makes fluid-handling systems. Seriously, when researching watching me research baby stuff (his idea of which is strolling around BRU and saying "Oh, this looks nice! SMS, scan it") he was like "Graco makes BABY stuff? Since WHEN?"
And soon-to-be/new parents just now coming onto the scene? I can easily see how they'd be misled. I suspect this is HC's target audience.
MrP sold paint in college. He is constantly making Graco jokes.
But I think that's a much more limited and unique word than "Honest".