Variables MISCELLANEOUS MATTERS OF INTEREST COPYCATNIP Patently Ridiculous


A BRITISH COURT RULED IN MAY that the candy giant Nestlé could not trademark the traditional four-fingered configuration of its Kit Kat bar. “We are concerned here,” wrote the judge, that “the three-dimensional shape of a chocolate product has no inherent distinctiveness.” That deliciously entertaining, albeit unsuccessful, effort is certainly not the first failed attempt at copyrighting names, noises and other what-have-you’s. — Steve Brearton


ATTENTION, WALMART SMILERS


In 2009, Walmart found itself in an Illinois court defending its use of the smiley face on store signs and in advertisements. Two years later the retailer settled with the Belgian designer who claims to have created the “smiley” brand


FOOTLONG, NOT FOR LONG


After a three-year battle by Subway Restaurants to trademark


the term “footlong,” an appeals tribunal ruled the word was a generic term for sandwiches. Before that, mom-and-pop restaurant owners had received cease-and-desist notices from the sandwich chain


HARLEY WORTH THE EFFORT


Milwaukee motorcycle maker Harley- Davidson petitioned the US government in 1995 to patent its bike’s roar, but five years later dropped efforts to trademark the “potato-potato-potato” sound of its V-twin engine


WIRED FOR LITIGATION


In 2008, the makers of Monster Cable audio equipment unsuccessfully sued Monster Mini Golf for trademark infringement. The company routinely sues company names and products with the word “monster,” including Monster Transmission and the Disney movie Monsters Inc.


FLOWER POWER


The popular online newsgroup Reddit Canada received a notice in 2013 from the Royal Canadian Legion complaining about Reddit’s use of a poppy to mark Remembrance Day. “While we appreciate the group wanting to use the poppy,” wrote the Legion, “we want you to be aware that the poppy symbol is a registered trademark and requires permission for use”


ACRONYM ACRIMONY


In 1999, the CRA trademarked TED (transmission electronique des declarations) as the French moniker for its electronic tax-filing system. TED Talks and Coca-Cola, when creating the #shareacoke name campaign, sought exemptions for the use of TED


8 | CPA MAGAZINE | SEPTEMBER 2017


Courtesy of Walmart Canada


Courtesy of Subway Canada


Courtesy of Harley-Davidson Canada


Courtesy of Monster Canada


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