Google's Nexus 7 Ads Spark Trademark Lawsuit
A company that sells gifts and novelty items has sued Google for trademark infringement and unfair competition for using the phrase "the playground is open" in ads for the
new Nexus 7 tablet.
Market Street Press -- which sells products like deskpads, puzzle cubes, USB key chains and kiosks for tablets -- alleges in court papers that it has used "the
playground is open" since 2008. Market Street applied for a trademark in the term earlier this year.
The company argues that Google's use of the phrase as a tagline "is likely to cause
confusion, mistake and deception among consumers" about whether it's affiliated with Market Street.
The retailer adds that Google's use of the same slogan will "overwhelm and swamp" Market
Street's ability to continue to use the phrase, given that Google is the bigger company.
Market Street is seeking an injunction against Google and monetary damages.
Advertising
law expert Rick Kurnit says it's unlikely that consumers will confuse Google's Nexus 7 with Market Street's products. But the slogan still could pose a problem for Market Street because consumers
won't realize that it used the phrase first, he notes. In short, Market Street could "come across as a copycat" if it continues to use the phrase, says Kurnit, a partner in Frankfurt Kurnit Klein
& Selz.
He adds that lawsuits challenging slogans often settle given that ads -- unlike product names -- tend to have a short shelf-life. "For the most part, slogans can coexist,
because they're used temporarily for an ad campaign," he says.
Google declined to comment, other than to say it hadn't yet seen the lawsuit. The case, filed last week, is pending in U.S.
District Court for the Middle District of North Carolina.
Recent Online Media Daily Articles
-
Court Dismisses Defamation Suit Against WPP's Sorrell May 24, 3:31 p.m.
A New York Court has dismissed a defamation lawsuit brought against WPP CEO Sir Martin Sorrell.Sorrell ... -
Tween Girls Susceptible To Mobile Advertising May 24, 3:23 p.m.
What’s less surprising? New research showing that female tweens are highly susceptible to mobile advertising, or ... -
Yahoo Search Experiments With New Look May 23, 6:30 p.m.
Yahoo Search has been experimenting with colors, features and layouts, as the company tries to determine ... -
Path Seeks Dismissal Of Wireless-Spam Case May 23, 5:07 p.m.
Mobile social network Path is asking a federal judge to dismiss a lawsuit alleging that the ... -
Amazon Appstore Goes Global May 23, 4:59 p.m.
Amazon may have been late to the app store game, but that hasn’t stopped it from ... -
Data Is Springboard For Product Development May 23, 4:44 p.m.
iProspect named Ben Wood to global president Thursday; he's tasked with growing the company's network and ... -
Vice, Twitter Partner For Mobile Show May 23, 2:14 p.m.
Simultaneously expanding its video and social strategy, Vice on Thursday unveiled #dailyvice -- a daily show ... -
MediaVest Database Charts Brand Experience, Social Media Impact May 23, 12:11 p.m.
After a year-long research effort, Publicis Groupe’s MediaVest has created a massive database designed to help ... -
Discovery Launches TestTube.com, Ups Digital Video Involvement May 23, 11:27 a.m.
Discovery Communications is looking to get into digital video platforms in a big way -- launching ... -
Network Advertising Initiative Proposes New Mobile Privacy Rules May 22, 9:03 p.m.
Moving forward with its plan to issue mobile privacy rules, the self-regulatory group Network Advertising Initiative ...
Be the first to comment on "Google's Nexus 7 Ads Spark Trademark Lawsuit"
Leave a Comment